What Is Medical Malpractice?
Whether you need emergency medical treatment or are seeing your doctor for a routine check-up, you deserve to receive standard care. We place our trust in medical professionals and facilities to take the appropriate steps to properly diagnose and treat the many varied illnesses and injuries we may encounter in our lives.
When these people and facilities are negligent or commit wrongful acts, we can suffer life-changing consequences. Medical malpractice may be defined as a medical professional or facility’s failure to provide proper care, based upon accepted standards that cause injury to a patient. There are many different types of medical malpractice, and it can affect a patient of any age or health.
Common Types of Medical Malpractice
Medical malpractice can occur anywhere as healthcare professionals have a duty to provide appropriate treatment to a patient. However, there are forms of medical malpractice that are more common than others.
Misdiagnosis & Failure to Diagnose
Unfortunately, doctors who give an incorrect diagnosis or fail to provide the correct diagnosis within a timely manner are all too common in the healthcare industry.
- Misdiagnosis can cause a patient to undergo unnecessary treatment or take medication with adverse side effects.
- A delayed diagnosis can prevent the patient from receiving much needed treatment that may be the difference between life and death.
Conditions that are most affected by a diagnostic error include:
- Infection
- Cancer
- Heart attack
- Stroke
Surgical Errors
Surgery is a high-pressure environment that requires doctors and nurses to be at the top of their game. If a surgeon, anesthesiologist, or other member of the O.R. makes a mistake, it can cause the patient to suffer severe or fatal injuries.
Some examples of surgical malpractice include:
- Operating on the wrong body party
- Administering the incorrect dosage of anesthesia
- Undertaking a procedure that the patient was not informed of or did not agree to
- Operating while under the influence of drugs or alcohol
- Surgical fires
Medication Errors
When hospitals are understaffed or employ undertrained workers, they are prone to making medication mistakes. These mistakes can include administering the wrong medication to a patient, giving the patient the wrong dosage of a prescribed medication, or administering a medication that the patient's chart says they are allergic to.
Birth Injuries
Obstetricians have a responsibility to ensure that both mother and baby receive appropriate medical care during pregnancy, labor, and delivery. There are many circumstances that doctors and nurses are trained to respond to, including:
Not responding to or failing to provide the appropriate treatment for any of these conditions can be a form of medical malpractice.
If you or a loved one suffer any of these types of medical malpractice or another type of medical error, reach out to our law firm immediately! A skilled medical malpractice attorney in Louisville is ready to discuss the details of your case. Call (502) 234-7451 today.
Our Louisville medical malpractice lawyers are ready to act on your behalf! Don't wait to get help, call our firm today at (502) 234-7451.
Medical Malpractice FAQs
What Types of Damages Can I Get from a Medical Malpractice Lawsuit?
Victims of medical malpractice may be facing a lifetime of medical treatment and rehabilitation costs, not to mention the loss of income from being unable to work. If you've been wrongly injured by the negligence of a doctor, nurse, or other healthcare professional, you deserve to receive just compensation.
By filing a medical malpractice lawsuit, you can recover compensation for the following types of damages, and more:
- Hospital bills and medical treatment costs
- Lost wages/lost time at work.
- Loss of future earning potential if you are unable to return to work.
- Loss of enjoyment of life
- Physical and mental pain and suffering
Every medical malpractice case is different. Our experienced Louisville medical malpractice attorneys examine the details of your case to determine how much compensation you can recover.
Does Kentucky Have Medical Malpractice Damage Caps?
Many states put limits on the amount of non-economic damages you can recover in medical malpractices, i.e., pain and suffering, however, the Kentucky Constitution precludes damages caps.
When Can You Sue a Hospital for Malpractice?
If a doctor or hospital staff member makes a medical error, the hospital may be held liable. This is known as hospital negligence. A hospital has a duty to act as a reasonably prudent hospital under the same or similar circumstances.
A hospital is responsible for the negligent act and omissions of its employees and agents. A hospital may also be liable for institutional negligence for failing to adopt, implement, or enforce appropriate policies and procedures and for failing to properly hire, train, or supervise its employees and agents such as nurses.
A hospital must also ensure that the physicians it grants privileges and credentials are properly qualified, experienced and trained.
