According to the Institute of Medicine, there are between 632 to 1,407 preventable deaths in Kentucky hospitals each year that are caused by errors. That number is staggering, and those who suffer as a result are left with little solace. A medical malpractice lawsuit may seem like the only way to seek justice and obtain some kind of compensation for these unforgivable errors. Unfortunately, medical malpractice lawsuits are challenging for a number of reasons. Total medical malpractice payouts are in decline, and this is largely the result of a legal system that makes it difficult for plaintiffs to receive fair compensation. That being said, medical malpractice lawsuits are still an important part of the checks and balances for our healthcare system. Without the threat of medical malpractice lawsuits, healthcare professionals would have free reign to act in a highly irresponsible manner without any potential consequences. The challenging nature of malpractice lawsuits means that it is extremely important to seek help from a qualified legal expert with experience in these matters. With the right attorney by your side, you can hold the healthcare industry accountable and receive the compensation you deserve.
Medical Malpractice Review Panels Have Been Deemed Unconstitutional
For a short time, medical malpractice lawsuits were exceedingly difficult to pursue in Kentucky because of medical malpractice review panels. This system placed a barrier between the plaintiff and the courts, as cases were first reviewed by a panel of medical experts. In theory, this was supposed to limit the number of malpractice cases and decrease the financial burden placed on the medical system. In practice, medical malpractice review panels only made the situation worse. On average, a medical malpractice case took five years to resolve under this system. The process of selecting panel members was also inefficient and slow. In the end, the cost of keeping this system going was actually more expensive than the amount saved from the lowered number of malpractice cases. Eventually, these panels were deemed unconstitutional and removed. The good news is that medical malpractice cases are now easier to pursue for Kentucky citizens. While there are still plenty of challenges associated with this legal process, you and your attorney can now bypass medical review panels and file your lawsuit directly with the court.
The Cost to Families
It is important to understand the costs that families must pay as a result of medical malpractice injuries or wrongful deaths. The Institute of Medicine discovered that families and communities pay the price as a result of harmful medical errors, not insurance companies or healthcare providers. The cost of medical malpractice for affected Kentucky families and communities is between $244 million and $416 million per year. In contrast, the cost of medical malpractice insurance for Kentucky healthcare providers is only $81.8 million per year. It is clear who pays the bigger price when it comes to medical malpractice. Pursuing a medical malpractice lawsuit does not mean that you are putting an unnecessary burden on Kentucky’s healthcare system. They are fully responsible for these errors, and they need to be held accountable in court so that our communities can experience justice. More reforms are necessary to fix this issue, and malpractice lawsuits represent an important factor in these reforms.
Getting Legal Help
If you need legal assistance with your medical malpractice lawsuit, it is important to enlist the help of a qualified, expert attorney. Reach out to Roberts Law Office today, and we will fight for justice on your behalf.