If you have suffered harm/injuries in Louisville because of the negligence/fault of a medical professional, you should consider filing a medical malpractice lawsuit. There are numerous typical medical malpractice cases, such as surgical errors, medication errors, treatment errors, misdiagnosis, and birth injuries. Because you are trying to sue a doctor or a hospital, there are inherent challenges in such cases. Hiring an injury attorney Louisville can help you understand the worth of your claim and negotiate a better settlement. In this post, check basic details related to medical malpractice lawsuits in Kentucky, including why you should lawyer up.
The statute of limitations
The statute of limitations sets the deadline for filing personal injury cases, including medical malpractice lawsuits. In Kentucky, you have a relatively shorter deadline of one year to pursue legal action against the medical professional or doctor for their negligence or action. Also, you should know that there is no cap for medical malpractice damages in Kentucky.
What if you had signed a consent form?
Well, if you had signed a consent form, it doesn’t mean that the healthcare provider can act negligently. It doesn’t release the defendant from liability if they didn’t adhere to the “acceptable” standard of care. If that were the case, doctors and hospitals would never face charges. Of course, just because you believe that you have a valid medical malpractice case doesn’t mean that the case will hold. It all depends on the evidence and circumstances related to the claim.
Do you need a medical malpractice lawyer?
The short answer is yes. Although not mandatory by law, hiring a lawyer is the most advisable thing to do. Hospitals and doctors often have the best lawyers at their disposal and have vast financial resources to spend on the case. The chances are high that your case will not end up in court, but negotiating with the defendant without an attorney isn’t a smart step. Lawyers know what a case is worth and can take appropriate steps to ensure that you don’t settle for less.
What steps should you take if you have a case?
You should ideally have the medical records related to your treatment. If you don’t have the necessary documents, you can submit a request to the clinic or hospital in writing, and the healthcare facility cannot deny you the details. You may want to speak to your lawyer about the dos and don’ts you must follow in such circumstances.
Talk to a medical malpractice lawyer right away to know your case better.