Posted on October 21, 2020

chemotherapy drugsAfter a doctor’s mistake led to a chemotherapy overdose, you have experienced many losses. You have more medical bills than you otherwise would have for your cancer, you had to take more time off of work, and you likely had out-of-pocket expenses.

However, your most significant losses can’t be proven with a receipt or pay stub because your most significant damages were likely the physical pain and emotional suffering caused by the medical malpractice. Kentucky law does not limit your recovery of pain and suffering damages, but you will have to prove what your suffering is worth to the malpractice insurer or court.

Evidence of Pain and Suffering

After you establish that someone, such as the oncologist, nurse, or pharmacist, gave you more chemotherapy than was prescribed and that you were injured as a result, you must demonstrate your losses.

The value of non-economic damages such as mental anguish, loss of consortium, physical pain, and emotional suffering may be established by presenting:

  • A journal or written record of your physical pain and suffering. Contemporaneous notes may be compelling, especially if you describe the details of how your injury impacted your life.
  • Your medical records and testimony from your doctor. Your healthcare record and doctor’s testimony may explain why you experienced physical pain and how badly you suffered.
  • Testimony from relatives or friends. People close to you may be able to explain how your life changed after the chemotherapy overdose and provide persuasive testimony to this effect.

Proving damages in a chemotherapy overdose case is often tricky. You must convince the medical malpractice insurer or the court that your injuries were caused by the overdose and not the regular course of chemotherapy treatment or your cancer, and then you must convince the insurer or court of the value of your injuries.

Our Kentucky chemotherapy overdose lawyers can help you gather the evidence you need and make convincing arguments to get the full and fair recovery you deserve. To learn more, please contact us for a free, no-obligation consultation at any time—24/7/365—by phone, online chat, or by completing our contact form.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky
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