Medical malpractice occurs when a patient is harmed by a doctor or other medical professional who fails to follow their medical duties. If you believe that you’ve suffered a medical condition or your condition has worsened because of a medical professional’s wrongdoing, there are general principles you must follow to file a claim. Our Kentucky medical malpractice lawyers break it down for you below.
Need guidance with your medical malpractice case? Contact us today at (502) 890-9954 to schedule a consultation!
What Are Common Types of Medical Malpractice?
Medical malpractice can take many forms. Common types of medical negligence cases include:
- Misdiagnosis or delayed diagnosis
- Failure to treat a patient
- Surgical or procedural errors
- Childbirth injuries
- Prescription drug mistakes
If you were hurt due to one of the issues listed above, you likely have a medical malpractice case. However, before starting your case, you will need to prove that the medical professional had a duty to treat your illness accordingly. We explain the requirements you need below.
Learn more about these common types of medical malpractice cases in our blog post here.
Basic Requirements to File a Medical Malpractice Case
To prove that medical malpractice occurred, you must provide sufficient evidence. Filing a claim can help you get the compensation you deserve for your doctor’s wrongdoing.
1: Proof of Doctor-Patient Relationship
The first thing you need to demonstrate is that you have a patient-doctor relationship with the medical professional. This means that you will need documentation that shows you hired the doctor and that the doctor agreed to be hired. For example, that you can’t sue a doctor you met at a party for giving you medical advice. There needs to be an established relationship. Proving this will show that your doctor had a responsibility to provide you with adequate care.
2: Demonstrate the Doctor was Negligent
To file a claim, you will also need to prove that the doctor acted negligently. Simply being unhappy with the doctor’s treatment doesn’t mean you can file a medical malpractice claim. The doctor must have been negligent in connection with your diagnosis or treatment. You will need to prove that the doctor didn’t act with skills to care for you the way any other doctor would have.
For example, say you went to your doctor for diagnostics because you were having headaches, were slurring, and were having memory problems, but your doctor didn’t run tests and diagnosed you with migraine headaches. You later discover that you had a brain injury, but the doctor failed to take a CT scan or MRI —, then you may have a medical malpractice case.
3: Injury Caused Due to Doctor’s Negligence
Aside from demonstrating that the doctor acted negligently, you will need to prove that their negligence caused your injury. Following the example listed above, if the doctor’s failure to diagnose you worsened your brain injury, you can prove that their wrongdoing impacted your health and wellbeing. You will need another capable medical professional to help you gather this evidence.
How Long Do I Have to File a Medical Malpractice Claim?
In Kentucky, the statute of limitations to file a medical malpractice claim is one year from the date when you knew or should have known the medical malpractice occurred. Learn more about how long you have to file a claim in our blog post here.
Seeking Legal Guidance
If you believe that you have all the requirements needed, then you can file a medical malpractice claim. However, gathering that evidence can be complicated without an experienced attorney on your side. Our team at Charles W. Miller & Associates has years of experience helping those injured get the compensation they deserve. We can investigate your case and help you achieve your desired outcome.
Contact us today at (502) 890-9954 to schedule a consultation!