The Medical Malpractice Claims Process in Kentucky

Going to the doctor is a scary experience that becomes even scarier when you must receive a specific treatment or procedure. We must trust medical professionals to heal us from our various illnesses and ailments because there are many things we can’t cure ourselves. Unfortunately, medical professionals don’t always treat patients with the standard of care they deserve.

If you’ve suffered an illness or injury after being treated by a doctor or nurse in Kentucky, it’s possible medical malpractice has occurred. You may need a Kentucky medical malpractice lawyer to help you file a claim so you can receive compensation for your damages. Knowing how the medical malpractice claims process works is key if you hope to obtain justice.

The Standard of Care

All medical professionals must provide their patients with the standard of care they would provide to any other patient in a similar situation. If a doctor or nurse fails to provide the standard of care, acts negligently, and injures a patient, they can be liable for any damages that occur. 

Expert Testimony

To determine whether a medical professional has violated the standard of care, you must get testimony from another medical professional working in the same field as the doctor or nurse who injured you. This medical professional can analyze the situation in which you were injured to determine whether the physician or nurse who treated you was negligent. 

Damages

If you can prove your treating physician or nurse committed malpractice in Kentucky, you can sue them and collect compensation for any damages you suffered. Your damages may be economic or non-economic. Economic damages include present and future medical expenses and lost income from taking time away from work.

Non-economic damages monetize things such as scarring and disfigurement, emotional distress, loss of enjoyment of life, pain and suffering, and loss of consortium. 

Statute of Limitations

The statute of limitations for filing a medical malpractice claim in Kentucky is one year, meaning you’ll have one year from when your injury or illness occurred to file your claim and sue the liable party. If you fail to do so within the given time period the court won’t hear your case and you won’t be eligible for compensation. The statute of limitations may be extended if you don’t find out about your illness or injury until a later date.

Medical malpractice is one of the most complex types of personal injury litigation. If you’ve suffered a traumatic injury because of a medical professional’s negligence, don’t hesitate to take legal action.