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How Do I Know If I Have a Valid Medical Malpractice Case?

There are many types of cases that can be considered medical malpractice. However, just because a patient is unhappy with their medical outcome doesn’t necessarily mean they have a valid medical malpractice case. To help you determine if you have a valid medical malpractice case, our Kentucky personal injury attorneys explain what is and what isn’t considered medical negligence.

When You Have a Valid Medical Malpractice Case

In order to have a valid medical malpractice case, you need to be able to demonstrate that the health care provider’s treatment or lack thereof fell short of the appropriate standard of care. In addition to that, a valid medical malpractice case includes the following:

  • Proof that the medical provider had a duty to treat you (you had a patient, doctor relationship)

  • Proof that the medical provider acted negligently by not practicing the appropriate standard of care

  • Proof that the doctor or health professional’s negligence injured you or worsened your health condition

When You Don’t Have a Medical Malpractice Case

Medical malpractice cases are only valid when your health care professional or doctor did or didn’t do something that could have helped your condition – or their reckless actions injured you. However, if your health condition worsened but your doctor took every step with the appropriate standard of care, it would not be considered medical malpractice.

Similarly, if your medical condition is untreatable, you cannot file a medical malpractice case against your doctor. Medical malpractice cases are only set in place for patients who were affected because their doctors fell short of the typical medical standard – which ultimately affected their medical condition.


If you aren’t sure if you have a medical malpractice case or you want to learn more about what you can do to file a lawsuit, contact our Kentucky medical malpractice lawyers today at (502) 890-9954 to schedule a consultation!

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