Medical malpractice in Kentucky and elsewhere exists when a medical professional provides services that are recognizably substandard and below the minimum standard of care required of a reasonably competent practitioner under the same or similar circumstances. This standard of due care under the circumstances is the familiar obligation that must be honored in all cases based on negligence. Where substandard or improper medical treatment is provided to the patient, the provider is generally liable to compensate the patient for all damages flowing directly and substantially from the negligence.
A medical malpractice case, whether occurring in Kentucky or elsewhere, is based on the existence of negligence. This is the standard concept that applies in many other kinds of personal injury claims. In its simplest expression, it means the failure of the medical provider to use the degree of due care required under the circumstances. It can be manifested in cases involving improper medical treatment, surgical errors, misdiagnosis, birth injuries, errors in administering anesthesia and numerous other mishaps.
A woman in another state recently claimed that a medical professional at a naval hospital left an anesthesia needle in her spine after she went through a Cesarean section 14 years ago. She has thus decided to file a medical liability claim against the government, seeking damages. Anyone in Kentucky who is a victim of anesthesiology errors likewise has the right to seek justice through the civil court system.
Dealing with any type of medical issue can be frightening. When individuals are uncertain about what the problem is, this lack of information may cause them to feel even more anxious. As a result, Kentucky residents who feel unwell may seek medical attention in order to gain information from professionals. However, if a misdiagnosis occurs, individuals could suffer even more.
After spending months anticipating the arrival of your child, the time to give birth arrived. Throughout your pregnancy and through the birth of your child, you relied on your Kentucky doctor to make decisions and take actions that put the best interests of you and your unborn child first. When that did not happen, your child may now suffer from birth injuries and birth defects that forever alter the course of his or her life.
Surgery can be a terrifying thought to many people, especially when anesthesia is necessary. If your doctor says something along the lines of, "Not to worry, we will put you to sleep temporarily," it most likely will not reassure you. Patients may wonder if they might still feel pain while unable to move or whether they won't wake up at all.
As a parent, you probably take whatever steps are necessary to make sure that your children remain safe, happy and healthy. You may have a pediatrician here in Louisville you believe you can trust with your child's health care needs; that is, until something goes wrong. Your child may have suffered harm at the hands of your pediatrician or others involved in his or her care, and you wonder whether a pediatric malpractice claim is appropriate.
Far too many people here in Kentucky and across the country manifest symptoms that they simply cannot explain. Many of the preliminary symptoms that people suffer from can also be explained by other illnesses. Without additional testing, doctors could miss the proper diagnosis. A delayed diagnosis of cancercould rob a patient of the chance at early intervention that could save the patient's life.
Without a doubt, Kentucky's hospitals are just as busy as many others throughout the country. Emergency room personnel do what they can, but can still make mistakes. An emergency room misdiagnosis could cause your serious harm or even cost you your life.
Our firm has seen first-hand the devastating effect of medical malpractice. When doctors, nurses, hospital administrators, pharmacists and other medical professionals make mistakes, patients' lives are literally on the line. We've helped victims and grieving loved ones pick up the pieces after birth injuries, misdiagnosis, surgical errors, anesthesiology errors and pediatric malpractice cause upheaval. Our efforts have helped recover compensation, bring about systemic change in medical facilities and give families closure.