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A Louisville Medical Malpractice Attorney: Looking Deeper Into Medical Errors

Amazing medical breakthroughs occur almost daily that can literally change the life of a person, helping them see better, walk better and have a better quality of life. We all place our lives in the hands of medical practitioners the moment we become a patient of any doctor or hospital. But when the unthinkable happens and a mistake is made that results in pain and suffering, permanent injury or even death, what should you do?

Despite the mantra that “accidents happen,” those who made the mistakes should be held accountable and the victims’ rights should be defended. At the Louisville law firm of T.J. Smith, Attorney at Law, we help individuals seek full and fair compensation for their pain and suffering, medical expenses and other damages. Call 502-677-1429, and we will answer your questions and help you understand your right to pursue compensation.

Comprehensive Representation For Louisville Medical Negligence Cases

With more than 30 years of experience, founding attorney T.J. Smith is well-equipped to handle medical malpractice cases involving:

  • Fatal errors that lead to wrongful death claims
  • Birth injuries such as cerebral palsy
  • Anesthesia errors, wrong site and other errors made during surgery
  • Drug dosage errors or allergic reactions, including those made by a pharmacist
  • Misdiagnosis or delayed diagnosis, such as missing a tumor or cancer
  • Infections acquired in the hospital due to negligence and foreign objects left in the body during surgery or a procedure
  • Nursing negligence
  • Emergency room errors such as misdiagnosing a mental illness, heart attack or stroke

Not every bad outcome is due to negligence. But unless you look deeper into a situation with the assistance of a trained professional, you may never know why something happened the way it did.

What Is Medical Negligence?

Medical negligence means that a doctor, nurse, therapist, hospital or other health care professional did not follow widely accepted standards of care, and someone was harmed as a result. To receive compensation for your injuries, you must prove a few key elements. These include:

  • A doctor-patient relationship
  • Proof of substandard care
  • A link between the neglect that took place and your injuries
  • Show actual proof of the damages that you incurred.

Your lawyer will be able to gather the necessary evidence to prove all of these elements exist. If your case lacks evidence in any one of these areas, you will risk losing out on the compensation that you deserve for your injuries.

Legal remedies, such as a negotiated settlement or court case, exist for the protection of those who were harmed. If you or a family member placed your trust in a caregiver’s competence and that trust was betrayed because the caregiver or medical provider was careless, this is negligence.

Did Poor Staffing At A Hospital Result In Your Injury?

In many Louisville medical malpractice cases, the fault does not lie with the doctor. Instead, the issue is with staffing and training. Hospitals and nursing homes are chronically understaffed, and the staff is commonly underpaid and undertrained. If you believe you or a loved one is not receiving the level of care you deserve, do not be afraid to speak up.

How A Medical Malpractice Lawyer Can Help

Medical malpractice cases can be complicated to prove. An experienced medical malpractice lawyer will help you:

  • Prove negligence: Medical malpractice attorneys are trained to examine the evidence from a potential case and identify mistakes. Proving that the doctor was negligent in their treatment or diagnosis is imperative to winning your case.
  • Help you get the care you need: As a result of the medical malpractice that you endured, it’s likely that you are going to need ongoing care to treat the condition. A medical malpractice lawyer can help in getting these expenses covered when your insurance company is denying their coverage responsibility.
  • Thoroughly investigate your case: By hiring a medical malpractice attorney, you can rest assured that your case will be investigated and the necessary evidence will be gathered to fight for your rights. By delegating the case investigation, you can spend your valuable time recovering from the incident.
  • Protect and clarify your rights: A skilled lawyer will have the necessary knowledge to help you understand your rights and the specific laws about medical malpractice.

From gathering the necessary evidence to facilitating your medical care, a medical malpractice attorney can be an invaluable resource when it comes to securing compensation for your damages and loss. Most doctors have a team of hospital lawyers behind them who also have insurance lawyers backing them. By retaining an experienced medical malpractice lawyer, you can fight on a level playing field.

Frequently Asked Questions About Louisville Medical Malpractice

T.J. welcomes the opportunity to answer questions about medical malpractice in Louisville or any of our legal practice areas. Below are answers to a few of the more common questions that he often hears about medical malpractice:

How can I tell if I am a victim of medical negligence or just bad luck?

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 a Louisville medical malpractice attorney to discuss your options – and to explore what it takes to find out what really happened.

How long do I have to file a lawsuit for a medical malpractice claim?

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 am realizing now that my child might have suffered a birth injury, but now my child is older. Is it too late to pursue a medical malpractice claim?

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, even if your child is older. An experienced birth injury malpractice lawyer can help you assess your case and understand your rights.

It’s expensive to investigate a medical malpractice claim. What does that mean for 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 amounts to help you decide whether a lawsuit will be cost-effective in your case.

After a medical mistake in a Louisville hospital, someone approached me and offered me a cash settlement. Should I accept this?

A quick settlement offer is usually a sign that you should talk to a Louisville 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. You should always talk to your own legal counsel before accepting any kind of settlement offer.

Consult A Louisville Medical Malpractice Lawyer For Free

T.J. Smith, Attorney at Law, offers no-obligation, free case assessments for people who may have been harmed or lost loved ones because of medical malpractice. Call our law offices at 502-677-1429 or send us a message through our website to schedule your free appointment. We look forward to answering your questions and telling you more about how we can help you with your case.