Steps to Take to File a Medical Malpractice Lawsuit

stethoscope on a table legal

Being injured due to medical malpractice can be a problematic and frightening experience. You may wonder what your next steps should be. Filing a lawsuit is often a complex process, but you don't have to go at it alone. Our Louisville medical malpractice team goes over the laws concerning medical malpractice and the steps you need to take before filing a lawsuit in Kentucky. Keep in mind that every case is different, and these are just general guidelines; please consult with one of our experienced attorneys for specific advice.

What Is Considered Medical Malpractice?

It is crucial first to identify that medical malpractice took place. To file a medical malpractice lawsuit in Kentucky, the injured party must show that the healthcare provider acted negligently. Examples of medical malpractice include:

  • Failing to diagnose a medical condition
  • Failing to provide proper treatment for a medical condition
  • Making a mistake during surgery
  • Prescribing the wrong medication

These are just a few examples; there are many other ways in which a healthcare provider can act negligently.

Statute of Limitations

There are specific time limits, or "statutes of limitations," for filing a medical malpractice lawsuit in Kentucky. Under Kentucky's statute of limitations code § 413.140(1)(e), medical malpractice lawsuits against a healthcare provider or hospital must be filed within one year after the cause of action accrued. A medical malpractice cause of action "accrues" when the medical malpractice is discovered or should have been discovered in the exercise of reasonable care.

First, Contact an Attorney

When filing a medical malpractice lawsuit, it is essential to have legal counsel on your side. Medical malpractice cases can be complicated, and we do not recommend trying to handle them alone. Although it is not legally required to enlist the help of a medical malpractice lawyer, having a seasoned attorney experienced in litigating these types of cases could make all the difference in the outcome of your case.

Second, Gather Evidence

Once you have a malpractice attorney to guide you through the process, they will gather the evidence needed to support your case, including hospital records, doctor's notes, test results, witness statements, expert testimony, and photographs.

Third, Negotiate with the Insurance company.

Next, your attorney will negotiate with the insurance company to see whether we can obtain a reasonable insurance settlement. Often time, even after negotiating a settlement with the insurance company, it will rarely come close to replacing your total losses. In situations like these, your attorney will prepare to bring your case to trial so that you can maximize your injury settlement.

Depending on the specifics of your claim and the other party's willingness to compromise, the average length of medical malpractice claim can stretch anywhere from a few months to a few years. Your attorney will be able to provide you with a more specific estimate once they have reviewed your case.

You Are Not Alone

Suffering Injuries due to medical malpractice can be disheartening. We go to healthcare providers in hopes of getting better, not worse. At Charles W. Miller & Associates, we have extensive experience handling these cases and will fight to bring you the compensation you deserve.

Contact us today at (502) 890-9954 to schedule a consultation!