Frequently Asked Questions About Medical Malpractice

T.J. Smith, Attorney at Law, welcomes the opportunity to answer questions about medical malpractice or any of our legal practice areas. Below are a few of the more common questions that our lawyers often hear about medical malpractice:

How can I know if my bad surgical outcome was simply bad luck versus medical negligence?

It can be very difficult for a layperson to make this kind of judgment. This is one reason that medical experts usually need to weigh in on a medical injury case. Talk to an attorney to discuss your options — and to explore what it takes to find out what really happened.

How long do I have after a medical malpractice occurrence to file a lawsuit?

The normal statute of limitations is one year in Kentucky. This means you need to file a claim within a year of when you knew or should have known that a medical mistake caused you harm.

I believe my child's birthing process was botched by the hospital — and he or she still has disabilities as a result. He or she is now six years old or 12 years old or 18 years old. Is it too late to investigate this case and possibly pursue damages?

A child is not subject to the usual statute of limitations in a birth injury or other medical malpractice case. Hospitals are usually required to keep records for a very long time. Your son or daughter may still have the opportunity to pursue a birth injury claim.

Is it true that medical malpractice cases are very expensive to investigate? What will that mean in my case?

Some cases of overt negligence (such as when a surgeon removes the wrong kidney) do not require extensive medical expert testimony. Any reasonable person will realize that negligence occurred in such a case. Other medical malpractice cases are much harder to prove and discovery may be costly. An experienced medical malpractice attorney will help you weigh the costs and potential recovery, to help you decide whether a lawsuit will be cost-effective in your case.

After a medical mistake in a hospital, I was approached by someone with a clipboard offering to pay for my necessary repeat surgery and provide me with a cash settlement. Should I accept this offer or might I lose this opportunity if I file a lawsuit?

A quick settlement offer is usually a sign that you should talk to an attorney immediately. Signing away your rights prematurely may leave you in a lurch if your condition worsens or if there is more to your medical injury than meets the eye. Be safe and get legal counsel before accepting this kind of offer.

Get Answers To Your Own Questions About Medical Malpractice In Kentucky — No Charge For A Consultation

T.J. Smith, Attorney at Law, offers free case analyses for people who may have been harmed or lost loved ones because of medical malpractice. Phone our law offices at 502-792-7937 (Louisville) or 270-261-4114 (Central Kentucky). We pledge a prompt response to an email inquiry.