Every day, patients entrust their health, well-being, and even their lives to doctors, surgeons, nurses, hospitals, and other medical professionals and facilities. As such, medical professionals are held to a high standard of care, meaning they must do everything in their power to provide patients with a level of treatment and care that is generally accepted as reasonable by the medical community and the public at large. It is important to note that this does not mean doctors and other medical professionals cannot make mistakes; it’s when those mistakes are the result of negligence—or when medical professionals act wrongfully—that they can be held accountable.
Our Medical Malpractice Attorneys in Louisville, Kentucky
If you believe that you or your loved one is the victim of medical malpractice or negligence, do not hesitate to reach out to the legal team at Charles W. Miller & Associates. Our Louisville medical malpractice attorney can help you fully understand your legal rights, as well as your various options for recovering fair and reasonable compensation. We represent clients all throughout Kentucky.
Our experienced Louisville medical malpractice lawyers are prepared to handle very aspect of your case, including:
- Auditing medical records for mistakes, irregularities, or missing information
- Consulting with medical experts who may later provide testimony in your case
- Interviewing witnesses who may be able to provide key evidence that malpractice occurred
- Collecting evidence like medical records and background checks to help prove medical negligence
When possible, we’ll work to negotiate with opposing counsel to reach a fair settlement outside of the courtroom. However, we are prepared to take any medical malpractice case to trial if it means obtaining the full and fair compensation our client is due.
How Our Louisville Medical Malpractice Attorneys Can Help
Medical malpractice laws are designed to protect a patient’s right to pursue compensation after injuries that are the result of negligence. However, malpractice suits are typically very complex and expensive to win. Victims must also adhere to strict filing deadlines (known as statutes of limitations), which vary from state to state. In Kentucky, medical malpractice lawsuits must be filed within one year of the medical error in question, or within one year of learning of your injuries / diagnosis. This is why it is important to obtain the assistance of a personal injury lawyer who has experience in medical malpractice.
The medical malpractice team at Charles W. Miller & Associates can put over 22 years of combined experience on your side to help you determine if your medical malpractice or healthcare negligence claim should be pursued.
Our firm vigorously investigates and pursues claims for personal injuries and wrongful death resulting from:
- Inappropriate or dangerous treatment practices
- Pharmaceutical injuries and prescription drug errors
- Failure to diagnose cancer and other diseases
- Misdiagnosis of disease
- Inappropriate or negligently performed surgery
- Birth trauma and injuries
- Nursing home abuse and neglect
- Brain and spinal cord injuries
This list is not exhaustive. If you suffered any type of injury, illness, or complication following a medical procedure, doctor’s visit, routine treatment, or hospital stay, contact our firm to learn more about your legal right to compensation.
Proving a Medical Malpractice Claim
In order to win a medical malpractice claim, you must be able to prove the following:
- A doctor-patient relationship existed, in which the doctor (or medical professional) was responsible for diagnosing and treating you.
- The doctor or medical professional was negligent, leading to your personal harm. If the doctor’s treatment does not align with medical standards of care (how another, competent medical professional would have acted) then they may be held negligent for their treatment.
- The doctor’s negligence led to injury/illness. You must be able to prove that it was the doctor’s actions—or inaction—that led to your injury or illness.
- The injury/illness resulted in damages. You can only sue for medical malpractice if the doctor’s performance led to a patient’s suffering. If the medical professional performed below acceptable standards of care, but no harm resulted, you would not have a legitimate claim for medical malpractice.
Pursuing Damages for Medical Malpractice in Kentucky
Unlike many other states, Kentucky does not enforce a cap on the amount of compensation a plaintiff may receive in a medical malpractice case. This means that our team at Charles W. Miller & Associates can fight for maximum compensation to cover the extent of your injuries, including coverage for:
- Physical pain
- Mental / emotional anguish
- Lost work and/or earning capacity
- Medical bills and rehabilitation costs
Medical malpractice claims include both economic and non-economic damages.
- Economic damages cover calculable costs from your experience and can be easily attached to a dollar value. These typically include things like medical bills, invoices, future treatment costs, lost earnings, etc.
- Non-economic damages are less quantifiable in nature. These are losses that cannot be easily attached to a dollar value, like emotional distress, pain/suffering, loss of companionship, etc.
Fighting for the Fair Recovery You Are Owed
Hospitals are not the only place where medical errors happen. Doctors’ offices, clinics, pharmacies, and nursing homes are all places where potentially fatal errors can occur. Excessive caseloads and constant financial pressures have caused today’s healthcare industry to struggle. Too frequently, this causes something to go wrong.
Our knowledgeable Louisville medical malpractice legal team can work diligently with you to evaluate pertinent medical records, as well as meet with expert witnesses in order to clearly establish that your injuries or the death of your loved one was a direct result of a medical error. If you or someone you know has been afflicted by medical negligence, you should consult an experienced attorney that focuses on medical casework as soon as possible.
"Charles Miller and Associates are dedicated, hard-working, and I would make them your first choice."April T.
"Top notch lawyers providing the best legal service in the areas of employment law and injury law."Rheane F.
"Communication was always swift and overall was easy to put trust into."Garett D.
Free ConsultationWe will make home or hospital visits for clients who are unable to travel.
Trial AttorneysOur attorneys are trial tested; we have the skill & resources to get you the best possible result.
ReputationOur firm holds a reputation of excellence amongst our clients, peers,insurance companies & judges.
ServiceWe are not a volume based firm; each of our clients receives personalized time and attention.
ExperienceOver 25 years of experience handling employment law & personal injury cases.