Because we usually have complete faith in our healthcare providers, we rarely expect for them to make an error. Unfortunately, a doctor or surgeon’s error can have dangerous and possibly life-threatening consequences. Medical malpractice can make you miss work, cause painful injuries that require further medical attention, and the frustration of having to go through a recovery process that wasn’t planned.
Filing a legal claim against a doctor or other medical professional that committed malpractice can be difficult, but you don’t have to go through this alone. A practiced Lexington medical malpractice lawyer from Golden Law Office can make the difference in your claim.
At Golden Law Office, we believe in defending your rights and fighting to get the compensation you deserve. We’re ready to serve the citizens of Kentucky and handle their claims with care and tenacity. You can rest assured that someone is looking out for your rights and our goal is to get you the best settlement possible.
What Does a Medical Malpractice Case Need?
For your malpractice claim to be successful, you need to be able to prove several essential points. Your lawyer will be able to help you obtain evidence to prove these points.
- Proof of a Doctor-Patient Relationship. You need to show that you went to the doctor or medical professional to treat you and they agreed to be hired.
- Proof of Negligence. Not being happy with your treatment doesn’t mean medical malpractice occurred. Negligence is when the medical professional didn’t meet the standard of care—or how a competent medical professional would have acted had they been treating you. You wouldn’t have been injured if this doctor hadn’t been the one to treat you.
- Connect the Negligence to the Injury. Clearly show how the doctor’s negligence directly caused your injury.
- The Injury Caused Harm. It’s also important to show how the injury affected you. This could be from how it caused pain, prevented you from working or living your everyday life, and caused suffering.
You can go on to prove that this injury cost you additional medical expenses that you should never have had to deal with in the first place.
While you need these points for a medical malpractice case, you also need to make sure you’re not doing anything to possibly jeopardize your claim. One thing to stay away from is posting about your case on social media. These posts can be used against you as evidence that your injuries aren’t as severe or your situation isn’t as bad as you claim. When this happens, you may not get full compensation.
What Are Common Forms of Medical Malpractice?
Medical malpractice can be done by any medical professional treating you. You probably think the most likely people to commit medical malpractice are doctors, surgeons, or nurses, but there are more people who can commit malpractice. People who run the hospital, own the hospital, and pharmacists can also be held liable. All it takes is for one of these parties to not pay attention for one moment and their negligence causes you harm.
Common medical malpractice cases include:
- Surgical Error. Surgeons can do the wrong operation on a patient, perform surgery on the wrong spot or “wrong-site surgery,” and even do unnecessary surgery on a patient. In other cases, surgical tools or gauze may be left in the surgical site, which can cause infections and pain. The patient would then have to have surgery to remove those tools.
- Failure to Diagnose. A doctor may not recognize symptoms to point to a definitive diagnosis, but others in their medical profession would. They may not recognize symptoms of a heart disease or issues with the brain, both vital organs that need the correct treatment as soon as possible.
- Misdiagnosis. Similar to failing to diagnose, doctors can also diagnose a patient with the wrong issue. This could lead to getting treatment for the wrong illness or injury, and their real problem is left untreated.
- Misreading Test Results. Failing to read a scan, test, or lab result correctly could mean the patient doesn’t get the treatment they need.
- Failure to Inform Patient of Risks. Medical procedures all have risks. Patients are supposed to be clearly informed of what is going to happen and what could possibly happen if they go through a procedure. Failing to inform patients means they are deciding on their consent without all the facts. After hearing about certain risks, they may decide to not go through with a procedure, as is their right.
- Gave Improper Medication. Doctors can prescribe the wrong medication and pharmacists can also fill the wrong prescription. This could have disastrous affects on the patient’s health because the drug could interact with other drugs the patient takes, their diet, and other pre-existing conditions. Improper dosage is also an issue that can put the patient’s health and wellbeing at risk.
Medical malpractice can sometimes lead to the wrongful death of a loved one. If you’ve lost someone to medical malpractice, we may be able to help you get justice with a wrongful death claim. You can receive compensation if you depended on your loved one for financial support or both of you ran a household together. This includes lost wages, lost companionship, and loss of future earnings. Other areas of compensation include funeral expenses, medical expenses, and their pain and suffering. You may also be able to get compensation for punitive damages, which is meant to be a financial punishment to the defendant.
Get Legal Help from a Lexington Medical Malpractice Lawyer
Medical malpractice claims can be expensive and could hold large entities, like a hospital, accountable for your injuries. Without help, you may feel pressure to settle the matter as early as possible just to resolve it, but this could leave you with less compensation than you deserve. A case like this needs an expert who knows the law and what you need to get a favorable settlement.
At Golden Law Office, you’ll have a skilled and compassionate medical malpractice attorney in Lexington, KY on your side who is ready to go above and beyond to get you results. We’re here to fight for you and make sure that nothing is overlooked and your case isn’t swept under the rug. You won’t have to worry about any harassing calls from insurance adjusters or any other party trying to get an official statement so they can end your case as soon as possible. Your attorney can take those calls while you focus on recovering.
Call us today at (859) 469-5000 to schedule a free consultation. You’ll meet with a medical mistake attorney and discuss the merits of your case and how you should proceed. We’ll work together to find the best path for you.