Any type of medical professional can be held liable if the care given to a patient falls below the normal standard of care. Medical malpractice cases arise when a patient has been injured through the improper action, or inaction of a healthcare professional or medical facility. This can occur when the patient is treated incorrectly or when a hospital diverges from what is considered reasonable care of the patient. When a patient is injured due to poor or inadequate care, they can sue the doctor or hospital for medical malpractice.
Legal Requirements for a Medical Malpractice Case
Although there are possible theories of liability against a health care provider, such as assault, fraud, contract, etc., the vast majority of medical malpractice claims are premised on negligence. A plaintiff suing for medical malpractice has the burden of proof to show the four elements necessary to prove negligence. These are:
- Duty of Care—The healthcare provider owes a legal duty to provide care of treatment to the patient or plaintiffs.
- Breach of Duty—The defendants have breached their duty of adhering to the appropriate standards of their professions.
- Cause of Injury—The plaintiffs have sustained injuries and damages or died due to the defendant’s negligence.
- Causation—The breach was indeed the proximate reason of the victim’s injuries.
Statute of Limitations in Kentucky
Kentucky requires that any medical malpractice action for injury or death be brought within one year from the time the injury was or reasonably should have been discovered. In the event that the malpractice cannot reasonably be discovered within that time, the lawsuit may be filed at a later time not to exceed five years after the date of the act or omission, giving rise to the injury. For unmarried minors, the statute of limitations begins to run upon the date of marriage.
Awards and Damages
Kentucky is a pure comparative negligence state; therefore, a claimant’s negligence does not bar recovery. Comparative negligence is applied to a situation where each party involved is responsible for some degree of negligence. Any damage award must be reduced by the claimant’s percentage of fault. When pursuing a claim with medical negligence, the plaintiffs may be eligible for these types of damages:
Compensatory Damages
These may include economic (financial losses such as lost wages and medical expenses) and non-economic (physical and emotional suffering, such as loss of enjoyment of life, severe body pain, and loss of consortium (the inability to have normal marital relations).
Punitive Damages
These are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in.
Kentucky does not impose a statutory cap on damages recoverable in medical malpractice actions.
If you or a family member are injured or die as a result of what you believe to be medical malpractice, you should contact an attorney who specializes in this area of law. Your medical malpractice suit will most likely be taken on a contingency basis. This means that the attorney’s fees are collected at time of reimbursement for damages.
