Doctors, nurses, and all other medical providers, are individuals worthy of respect as they take care of our loved ones and us. Medical providers provide excellent care and attention, sometimes during emergency situations. However, although rare, medical mistakes can happen. Recently, a young woman was in the middle of giving birth when she was abruptly switched to a different hospital. The hospital she was transferred to used birthing tubs and cushy suites. Nevertheless, despite what the hospital promised, the woman maintains that what she experienced while giving birth to her son could not have been further from soothing. Instead, she underwent aggressive medical interventions. Said medical interventions left her disempowered, psychologically traumatized and permanently injured. She incurred a debilitating medical condition, her sex life has vanished, she must now see a therapist, and is now on medications, both for pain and to prevent panic attacks.
If you or your loved one has been injured due to medical malpractice, it is imperative that you hire an experienced medical malpractice attorney for your case. The medical malpractice attorneys at the Roberts Law Office are here to help. We will ensure that you, or your loved one, are adequately compensated.
Your Case and the Relevant Kentucky Law
Unlike other personal injury cases, such as car accidents, a medical malpractice case normally results in the filing of a lawsuit with the courts. This is because a settlement is similar to an admission of fault and could damage the medical provider’s career. Given that these cases are normally filed with the courts, it is critical that you are aware of the relevant statute of limitations period. For medical malpractice claims in Kentucky, the claim must be filed within one year from the date of injury. If the injury is not initially discovered, then the one-year-limitations period begins on the date when the injury reasonably should have been discovered. Yet, no lawsuit may be filed more than five years from the alleged act of medical malpractice.
Once your case is properly filed with the correct court, you will then have to prove your case. Medical malpractice claims are normally brought on grounds of negligence. Proving negligence in Kentucky involves proving five key elements:
- That Defendant owed Plaintiff a duty of care;
- That Defendant breached said duty of care;
- That said breach was the cause in fact of Plaintiff’s injury;
- That said breach was the proximate cause of Plaintiff’s injury; and
- That Plaintiff suffered injury or damages.
Due to the nearly inevitable complexities that arise, you should retain an experienced medical malpractice for your case. A lawyer will subpoena your medical records, take depositions, hire expert witnesses, and guide you through the difficult lawsuit to ensure that you or your loved one get the help and compensation needed to recover from the injuries sustained.
Hire an Attorney for your Case
In sum, if you or your loved one is injured from an act of medical malpractice, it is highly advisable that you hire an attorney for your case. This will greatly increase your chances of receiving adequate compensation. The medical malpractice attorneys at Roberts Law Office are here to help. We are Kentucky attorneys and we offer FREE consultations. You will not owe us anything unless we recover money on your case. We encourage you to give us a call or submit a form on our contact page.