Medical Malpractice in Kentucky
Medical malpractice occurs when a doctor or medical facility causes harm to a patient through negligence or substandard care. Each state has its laws governing medical malpractice, which can impact critical factors such as the statute of limitations for filing a claim. These laws may also require you to provide advance notice to the doctor or facility before proceeding with legal action. It’s essential to understand your state’s specific regulations to determine if you have a valid case.
What Evidence Do I Need for Kentucky Medical Malpractice Claims?
The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Kentucky medical malpractice lawyer can guide you through this entire process.
While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.
- There was a working relationship between the doctor and the patient.
- There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
- There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
- The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Kentucky patient can sue for currently.
In a Kentucky malpractice case, you must show that the medical provider failed to conform to the standard of care. You must also show that the alleged negligence was the proximate cause of the injury. According to the Kentucky Bar Association, the qualification of a witness as an expert rests within the discretion of the trial court. Furthermore, a witness can be qualified as an expert by “knowledge, skill, experience, training, or education.”
Hospital Responsibility
You may wonder if you can also sue the Kentucky hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.
Types of Medical Malpractice
As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:
- Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
- Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
- Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.
There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:
- Misreading or ignoring test results from the lab
- Making surgical errors
- Not following up properly or not offering adequate post-care
- Performing unnecessary procedures or surgeries
Damages Available in Kentucky
There are three types of damages a court will award for medical malpractice.
- General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
- Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
- Special Damages – Damages for expenses from medical bills and lost wages
Kentucky does not impose a cap on medical malpractice damages. The Kentucky Constitution prohibits a cap on damages.
Statute of Limitations
Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.
Under Kentucky Statute, an action against a physician, surgeon, or dentist for malpractice must be brought within one year after the cause of action accrues. The timing of the cause of action is the time the injury is first discovered or should have reasonably been discovered. However, this rule only applies provided that the action is initiated within 5 years from the date on which the negligent act occurred. Of note, the Kentucky Supreme Court ruled in McCollum v. Sisters of Charity that the 5-year limit violates the open court provisions of the Kentucky Constitution.
Medical Malpractice Review Panels
In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision. Still, the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.
The Kentucky Board of Medical Licensure (KBML) reviews and investigates grievances against physicians licensed by the state. Grievances can include professional misconduct, standard of care, moral turpitude, and the inappropriate prescribing of controlled substances. You can submit a Grievance Form by mail to the KBML. Once the investigation is complete, the case is presented to the Inquiry Panel for consideration. If the Panel determines there was a violation, the KBML has the authority to revoke the physician’s license. The KBML can also fine the licensee up to $5,000 per violation.
Do I Need to Hire an Attorney?
Medical malpractice claims in Kentucky can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Kentucky with experience in medical malpractice.
A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:
- Build your case
- Collect important evidence
- Find expert witnesses to testify on your behalf
- Help you prepare for the malpractice review panel
- Take your claim to court
Work with an Experienced Local Lawyer in Kentucky
Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Kentucky attorney who is familiar with such cases. We can even help you connect with an attorney across Kentucky state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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