If you or a loved one was wrongfully injured during surgery or while receiving other forms of medical treatment, you may be entitled to compensation. A malpractice claim exists if a medical provider’s negligence causes injury or death of a patient.
Unfortunately, medical malpractice occurs more frequently than you might expect. Medical errors are the third leading cause of death in the United States. Medical malpractice claims can arise from a wide range of types of negligence, including:
Never events (shocking medical errors, such as wrong-site surgery or surgery on the wrong patient) that should never occur
Liability and Insurance Coverage for Medical Malpractice
If you have been injured through medical malpractice, you may have a claim for compensation against a physician, nurse, hospital, laboratory technician, pharmacist, or other health care provider. Medical professionals and facilities carry medical malpractice insurance to cover payouts to patients with successful claims who have been injured through medical negligence.
It is a common assumption that when a patient signs a waiver before a surgery or medical procedure, that patient no longer has recourse to take legal action when necessary. However, this is not necessarily true, particularly when a health care provider has been grossly negligent in some aspect of care.
Doctors are required to provide patients with all the information they need to make an informed decision about a medical procedure, and failure to do so may be grounds for a medical malpractice claim. Even when informed consent is given, however, the purpose is to acknowledge that the patient understands the risks associated with the procedure. It is not intended to excuse any act of medical negligence committed by a health care provider.
Proving Medical Malpractice
If you have been injured by a doctor or health care provider, proving malpractice is not an easy or simple matter. Just because an injury occurred does not necessarily mean that it was the result of negligence. To prove your claim, you will have to establish that:
A doctor-patient relationship existed.
The medical professional’s care was substandard and negligent.
A link exists between the health care provider’s negligence and your injuries.
You suffered damages, for which you have quantifiable proof.
These elements must be shown by a “preponderance of the evidence,” which means that they are more likely than not to be true. Medical malpractice claims can be complex and technical. Expert witness testimony is typically required to establish negligence. The medical malpractice lawyer you choose to represent you can make a significant impact in the outcome of your case.
Settlement vs. Litigation
If you have a strong medical malpractice claim, chances are that the healthcare provider’s insurance company will offer to settle the case for a specific amount. It is in your best interests to consult with a medical malpractice attorney before you accept any settlement offer. Insurance companies are concerned with their own bottom line, and not your best interests. A knowledgeable Louisville injury attorney can help ensure that any settlement offer you accept actually represents full and fair compensation for your financial, emotional, and personal losses.
At Kaufman & Stigger, PLLC, we can use our extensive resources to evaluate the full extent of your losses, and will negotiate skillfully with the insurance company on your behalf. We can fight for your rights in court if necessary, but with our thorough case preparation and successful trial record, many of the claims we handle settle successfully out of court. This is ideal for our clients, as it saves the time spent in trial and the costs of litigation.
How To Tell If Your Case Needs A Medical Malpractice Attorney
How can you tell if you have a case?
Failure to administer proper care can involve:
Not checking medical charts prior to performing surgery
Not checking medical charts prior to administering drugs
Failing to order standard tests when a patient is experiencing a certain set of symptoms
Neglecting a patient after surgery or medical aid
We understand that situations like this can be scary, intimidating or confusing. That’s why we’re here to offer our expertise and guidance. At Kaufman & Stigger, PLLC, our Louisville malpractice attorneys have a proven record of successful results, including a $3 million settlement for a 56-year-old man who suffered post-operative complications in the hospital as a result of negligence. He suffered respiratory and cardiac arrest resulting in brain damage and damage to his optic nerve, which in turn caused permanent partial vision loss and balance issues when walking. Our team of experienced medical malpractice lawyers will work to help you receive the settlement you deserve.
Tell us what happened to you, so we can discuss every dollar the law allows. We’re available at (502) 458-5555 or (800) 937-8443.
Yes. Each state has a filing deadline for individual types of civil cases, called a “statute of limitations”. If you allow the statute of limitation to expire on your claim, you will be barred from making a monetary recovery. This is why it is important to consult with one of our lawyers as soon as possible after your medical malpractice injury.
There isn’t a simple answer. The best step to answer this is to speak with our attorneys for a FREE consultation. We have helped many clients after a medical malpractice injury. Our attorneys can answer your questions and explain how the case “worth” will depend on the amount of loss you’ve suffered. Medical bills, future medical costs, lost wages, future loss of earnings, loss of consortium and pain and suffering are different for each person, so the value of each case differs.
So what happens if you are injured by a doctor or medical professional you know well? You certainly don’t want to sue them, damaging your relationship. That’s a common misunderstanding when it comes to medical malpractice injuries. You don’t sue the person, a claim is made to a medical insurance company. Medical facilities and their doctors are required to carry insurance. This is meant to financially protect the healthcare company or doctor in the event of an accident. In fact, the sole purpose of insurance is to regularly pay money in order to protect your assets. Your friend will not be responsible for your medical expenses, lost wages, and pain and suffering. The healthcare company or doctor’s insurance company is responsible to pay claims. If a hail storm damages your roof, you make a claim to the insurance company you have been paying monthly. In the same way if you are injured, we will take legal steps on your behalf make a claim for the expenses related to the medical malpractice injury.
The majority of injury cases related to medical malpractice accidents do not go to trial. Most are settled out of court. This means our attorneys and the insurance company reach an agreement without a judge and jury getting involved. Kaufman & Stigger, PLLC Injury Lawyers handles each client’s case to secure the best possible result. For most cases, we are able to negotiate a settlement. However we are prepared to go to court and have done so when needed to make sure each client is fully compensated for their injuries.
Kaufman & Stigger, PLLC Injury Lawyers handles all medical malpractice injury cases on a contingency fee basis. We call this our NO FEE PROMISE. This means that our clients never pay a fee unless we win or settle their case.
Yes. A majority of the cases we handle are in Kentucky and Indiana. Our lawyers are admitted to practice in these states. In some cases we utilize co-counsel to represent clients outside of Kentucky and Indiana.
The insurance company is looking out for their best interest, not yours. Insurance companies may try rush you to sign paperwork for as little payment as possible. Our attorneys have a legal and ethical duty to act in the best interests of our clients, insurance company adjusters do not. We work only for you and part of our job is to advise and protect your interests after a medical malpractice accident.