Medical malpractice refers to a physician’s deviation from the standard of care. If a doctor, nurse, or hospital staff member causes an individual harm, they could be held liable for damages. Some of the most common forms of medical malpractice in Louisville involve nursing home claims, hospitals, skilled nursing facilities, short-term rehabilitation facilities, and long-term care. Complaints against nursing homes are the most frequent.
A diligent medical malpractice attorney at Becker Law has the knowledge, skills, and tools to help you hold negligent health care professionals accountable for their actions.
Hiring an attorney for medical malpractice cases is important because they can evaluate the physician’s actions and help you seek compensation for damages. Call Becker law to discuss how an attorney can help with Louisville medical malpractice cases.
Something can elevate from a mistake or error to medical malpractice when it is a deviation from the standard of care. If the standard of care requires a certain protocol to be followed, and they deviate from that, that is considered medical malpractice. The other way malpractice occurs is when a claimant sustains an obvious injury or illness. The magnitude of injury makes it more likely to be brought as a medical malpractice claim. An attorney can help determine whether medical malpractice occurred as well as the next steps to take.
There are specific elements of medical malpractice, just like a standard negligence claim. A medical malpractice attorney will have to prove duty, causation, breach, and damages. Duty should be easy to satisfy because the physician owes a duty of care to their patient. Breach is a deviation from the standard of care and what a reasonable physician would do in the circumstances that they are presented. If the physician falls below that standard, there is a breach of that duty. Causation involves tying that breach or a deviation from the standard of care to the plaintiff’s injuries. Damages refer to the losses that the person has incurred, such as reparative surgery or whatever type of medical intervention is necessary.
If someone has been injured as the result of a doctor’s malpractice or error, they are need to speak with an experienced attorney. The lawyer will determine if medical malpractice occurred and when it was first discovered. There is a statute of limitations in Kentucky so that medical malpractice actions can only be brought a year from the date that the negligent act was discovered.
The attorney is also going to need to learn the treatment received subsequent to the medical malpractice. The lawyer has to determine if the treatment can be connected to the injury, the treatment that may be needed going forward, and secure authorizations to view medical records. The victim will need to sign releases to allow their lawyer to take a peek at their certified medical records. A seasoned medical malpractice attorney will review the facts of the case and help victims hold negligent medical professionals accountable for their actions.
After discovering medical malpractice has occurred, it is best to retain the services of a seasoned attorney. A medical malpractice lawyer has the knowledge of the procedures that need to be followed and are able to advise victims as to the reasonableness of settlement offers or the viability of their claims. Schedule a consultation to learn more about how an attorney can help with Louisville medical malpractice cases. Call Becker Law today!
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