Hurt By Malpractice? We’re Here To Help.
If you or a loved one was wrongfully injured during surgery or while receiving other forms of medical treatment, you may be entitled to compensation. A malpractice claim exists if a medical provider’s negligence causes injury or death of a patient.
Unfortunately, medical malpractice occurs more frequently than you might expect. Medical errors are the third leading cause of death in the United States. Medical malpractice claims can arise from a wide range of types of negligence, including:
- Surgical errors
- Never events (shocking medical errors, such as wrong-site surgery or surgery on the wrong patient) that should never occur
- Delayed Diagnosis
- Medication errors
- Birth injuries
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Liability and Insurance Coverage for Medical Malpractice
If you have been injured through medical malpractice, you may have a claim for compensation against a physician, nurse, hospital, laboratory technician, pharmacist, or other health care provider. Medical professionals and facilities carry medical malpractice insurance to cover payouts to patients with successful claims who have been injured through medical negligence.
It is a common assumption that when a patient signs a waiver before a surgery or medical procedure, that patient no longer has recourse to take legal action when necessary. However, this is not necessarily true, particularly when a health care provider has been grossly negligent in some aspect of care.
Doctors are required to provide patients with all the information they need to make an informed decision about a medical procedure, and failure to do so may be grounds for a medical malpractice claim. Even when informed consent is given, however, the purpose is to acknowledge that the patient understands the risks associated with the procedure. It is not intended to excuse any act of medical negligence committed by a health care provider.
Proving Medical Malpractice
If you have been injured by a doctor or health care provider, proving malpractice is not an easy or simple matter. Just because an injury occurred does not necessarily mean that it was the result of negligence. To prove your claim, you will have to establish that:
- A doctor-patient relationship existed.
- The medical professional’s care was substandard and negligent.
- A link exists between the health care provider’s negligence and your injuries.
- You suffered damages, for which you have quantifiable proof.
These elements must be shown by a “preponderance of the evidence,” which means that they are more likely than not to be true. Medical malpractice claims can be complex and technical. Expert witness testimony is typically required to establish negligence. The medical malpractice lawyer you choose to represent you can make a significant impact in the outcome of your case.
Settlement vs. Litigation
If you have a strong medical malpractice claim, chances are that the healthcare provider’s insurance company will offer to settle the case for a specific amount. It is in your best interests to consult with a medical malpractice attorney before you accept any settlement offer. Insurance companies are concerned with their own bottom line, and not your best interests. A knowledgeable Louisville injury attorney can help ensure that any settlement offer you accept actually represents full and fair compensation for your financial, emotional, and personal losses.
At Kaufman & Stigger, PLLC, we can use our extensive resources to evaluate the full extent of your losses, and will negotiate skillfully with the insurance company on your behalf. We can fight for your rights in court if necessary, but with our thorough case preparation and successful trial record, many of the claims we handle settle successfully out of court. This is ideal for our clients, as it saves the time spent in trial and the costs of litigation.
How To Tell If Your Case Needs A Medical Malpractice Attorney
How can you tell if you have a case?
Failure to administer proper care can involve:
- Not checking medical charts prior to performing surgery
- Not checking medical charts prior to administering drugs
- Failing to order standard tests when a patient is experiencing a certain set of symptoms
- Neglecting a patient after surgery or medical aid
We understand that situations like this can be scary, intimidating or confusing. That’s why we’re here to offer our expertise and guidance. At Kaufman & Stigger, PLLC, our Louisville malpractice attorneys have a proven record of successful results, including a $3 million settlement for a 56-year-old man who suffered post-operative complications in the hospital as a result of negligence. He suffered respiratory and cardiac arrest resulting in brain damage and damage to his optic nerve, which in turn caused permanent partial vision loss and balance issues when walking. Our team of experienced medical malpractice lawyers will work to help you receive the settlement you deserve.
Tell us what happened to you, so we can discuss every dollar the law allows. We’re available at (502) 458-5555 or (800) 937-8443.
With the NO FEE PROMISE, you never pay us a fee unless we win or settle your case Call us for a free consultation.