Kentucky Medical Malpractice

Request Your Free Consultation

Medical malpractice is defined as negligence by act or omission by a medical provider where care deviates from accepted standards within the medical community and causes injury to the patient.  Death can also occur as a result of medical malpractice.

An injured patient can pursue legal action against a negligent medical professional by filing a medical malpractice claim.  In a medical malpractice lawsuit, the plaintiff would be the injured patient or family member and the defendant would be the medical provider, such as a doctor, dentist or hospital.  Medical providers are required to have professional liability insurance coverage to offset the costs of medical malpractice lawsuits.

In a Louisville medical malpractice lawsuit, the medical malpractice lawyer representing the injured patient must show that the health care professional owed a duty to the plaintiff and that the duty was breached, causing injury.  There also have to be damages otherwise there is no basis for the claim against the medical provider.  An example of a medical malpractice lawsuit would be where the patient was injured from a misdiagnosis by a physician, which led to serious health complications and damages.  In that situation, the physician owed a duty to the patient of providing care or treatment and a standard of care was not given, resulting in further injury and damages.

The plaintiff in a medical malpractice lawsuit has the burden of proof by a preponderance of evidence.  Expert testimony is often used to help prove the plaintiff’s case.  In order for someone to qualify as an expert in a medical malpractice case, he or she must have a thorough understanding of the issue in question, as well as the proper experience, education and training.

Compensation in a medical malpractice case may include damages for lost income, medical expenses, pain and suffering, emotional distress and other costs associated with the injury.  Depending on the case, punitive damages may be awarded.