Medical Malpractice/Negligence

Medical malpractice claims and lawsuits can arise when people are injured by careless or intentional acts of a doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider. When these actions cause an injury to another person (but the actions do not rise to the level of a crime), they are said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In some cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish wrongdoers and prevent them from harming others.

Although claims for medical errors are commonly referred to as "Malpractice," they are really claims of simple negligence.

Elements of a Negligence Claim

• A duty is owed by one party to another.
• There is a breach of the duty.
• Damages are incurred by the claiming party.
• Damages were caused by the breach.

The elements of Negligence: Duty, Breach, Causation and Damages, establish the framework within which the plaintiff's attorney must function. In any civil case, the burden of proving each of these elements falls on the plaintiff. If the plaintiff fails to present sufficient evidence to prove each and every element, the case fails.

Our firm handles a variety of medical malpractice claims for clients located in the Kentucky & Indiana area, including those arising out of:

• Missed Diagnoses
• Delayed Diagnosis
• Lack of Informed Consent
• Anesthesia Errors
• Surgical Injuries
• Obstetric/Labor and Delivery Surgical Injuries
• Orthopedic Surgery Injuries
• Spinal Cord Stimulator Injuries
• Improperly Prescribed, Dispensed or Filled Medication
• Improperly Prescribed, Dispensed or Filled Dosages of Medication
• Unreasonable Conduct of a Physician or Health Care Provider
• Patient Neglect and Nursing Home Abuse

Injuries suffered as a result of medical malpractice can be severe and life-altering. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.