Medical Malpractice

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How common are surgical mistakes?

There are many things you can do to prevent medical errors. You can make sure that your doctors know about your medical history and any medications you are taking. You can ask about medication side-effects. You can even require that every health care provider that…

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My husband died after surgery in Louisville. How can I know if his death was caused by a surgical mistake?

After the loss of a loved one, you will likely want to know everything that happened during his procedure to be sure that his death could not have been prevented. In a medical malpractice wrongful death case, your attorney must help you prove causation—that the…

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Who can recover damages for a wrongful death caused by a medical malpractice mistake in Kentucky?

The answer to your question depends on the relatives that the deceased had at the time of his death. Generally, the expenses of the person’s estate, such as funeral costs, are paid first. Then, the wrongful death recovery is distributed as follows in Kentucky: If the…

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My sister Jenny just died from a disease that her own Louisville doctor and a specialist failed to diagnose, despite the fact that a nurse in the specialist’s office mentioned her suspicions of this disease during my sister’s examination. The disease was discovered during Jenny’s autopsy. Does her husband have a case for wrongful death? Can the nurse be called as a witness?

Your brother-in-law should certainly consult an attorney. From what you have said, he probably does have legitimate grounds for a wrongful death lawsuit. The Legal Dictionary defines wrongful death as “the taking of the life of an individual resulting from the willful or negligent act…

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My nephew was hit in the head with a baseball. He was wearing a helmet, so my sister insisted that he would be OK. I tried to talk her into taking him to the emergency room just in case, but she wouldn’t. Was I being a worrywart?

Not in my book, but if she called your nephew’s doctor, she did the right thing. This is what the Brain Injury Resource Center advises: Call the doctor. Anything more than a simple scrape or mild bump should be reported to the doctor. Head injuries…

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I’m scheduled to go in for back surgery next week, and my mother just told me that her sister died during surgery from what sounds like malignant hyperthermia. Should I cancel the surgery? (I guess I can just take pain medication the rest of my life.)

Don’t cancel the surgery! Talk to your surgeon, and tell him or her about your suspicions. Emphasize that the surgical team, especially the anesthesiologist, must also be aware of the situation. Malignant hyperthermia (MH) is a genetic abnormality that is triggered by certain types of…

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