Medical Malpractice

When you seek medical treatment, you trust that your healthcare provider will deliver attentive, quality care consistent with their level of education and training and the standards in the community. Unfortunately, medical errors can and do occur because of negligence, incompetence, or failures on the part of hospitals and clinics to implement and follow proper safety protocols. Medical mistakes such as these cause serious injuries and even death to thousands of men, women and children every year in the U.S.

If you or a loved one has suffered harm due to a medical professional’s negligence, you may have grounds to file a medical malpractice claim. Doing so can help you get compensation for the harm done while holding those responsible accountable and ensuring safer practices in the future. At the Bowling Law Office in Middlesboro, we are dedicated to helping victims of medical malpractice in Kentucky and Tennessee hold healthcare providers accountable and secure the compensation they deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to follow the accepted standard of care, resulting in injury to the patient. The “standard of care” refers to what a reasonably skilled and competent medical professional in the community would have done under the same circumstances. When a doctor, nurse, hospital, or other healthcare professional deviates from this standard, and a patient is harmed as a result, they may be liable for medical malpractice.

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Anesthesia mistakes
• Failure to obtain informed consent
• Improper treatment

Proving Medical Malpractice

To successfully pursue a medical malpractice claim, you must establish several key elements:

1. Doctor-Patient Relationship: You must show that a doctor-patient relationship existed, meaning the healthcare provider had a duty to treat you.
2. Breach of Standard of Care: You must prove that the healthcare provider’s actions fell below the accepted standard of care for your condition.
3. Causation: You must demonstrate that the provider’s negligence directly caused your injury or worsened your condition.
4. Damages: You must show that you suffered actual harm as a result, such as physical pain, emotional distress, additional medical bills, or lost wages.

Medical malpractice cases often require expert testimony from medical professionals who can explain how the provider’s actions were negligent and how those actions caused your injury. In fact, any lawsuit filed by a malpractice victim must include a “certificate of merit” signed by a medical expert explaining how it is likely that malpractice occurred and caused the injury. The Bowling Law Office works with medical experts in Kentucky and Tennessee to ensure meritorious claims are properly filed and proceed toward justice for the injured patient and family members.

The Statute of Limitations for Medical Malpractice Claims

Kentucky and Tennessee both have a short, one-year statute of limitations for medical malpractice claims. This means that you must file your lawsuit within one year of discovering the injury or from when the injury should have reasonably been discovered. However, the discovery rule has limits, and courts strictly enforce filing deadlines. Failing to file your claim within this timeframe could result in losing your right to pursue compensation. It’s crucial to consult with an experienced medical malpractice attorney as soon as possible to ensure your case is timely filed.

Compensation for Medical Malpractice Victims

Victims of medical malpractice may be entitled to compensation for the full range of harm they have suffered. This can include medical expenses related to the injury, including revision surgeries and costs of future care. Lost wages and loss of earning capacity can also be recovered to make up for the time missed from work and any long-term or permanent disability. Malpractice victims can also be compensated for “non-economic damages” such as pain and suffering, emotional distress, loss of consortium (marital relations), and diminished quality of life.

Each case is unique, and the compensation you may recover will depend on the extent of your injuries, the impact on your life, and the evidence presented in your claim.

How the Bowling Law Office Can Help

Medical malpractice cases are complex and challenging. Positive medical outcomes are never guaranteed, and doctors and hospitals often use this excuse to hide or complicate the fact that medical negligence was to blame for a particular injury. In addition, state laws discourage lawsuits in many ways and make it difficult to hold medical providers accountable. At Bowling Law Office, we understand the intricacies of malpractice laws and have the experience necessary to build a strong case on your behalf. We will work with medical experts to investigate your claim, gather evidence, and hold negligent healthcare providers accountable.

If you or a loved one has been injured due to medical negligence, it’s essential to have an experienced attorney on your side. Our firm offers personalized attention and is committed to securing the best possible outcome for our clients. We understand how devastating a medical error can be, and we will fight to get you the compensation you deserve.

Contact the Bowling Law Office Today

If you believe you’ve been the victim of medical malpractice in Kentucky or Tennessee, don’t wait to seek legal advice. The team at Bowling Law Office in Middlesboro is ready to help you navigate the legal process and take the necessary steps to protect your rights. Contact us today at 606-248-8383 to schedule a free consultation and learn more about how we can assist you.