HELP FROM EXPERIENCED MEDICAL MALPRACTICE LAWYERS IN KENTUCKY
MEDICAL NEGLIGENCE IS COMMON, AND CAUSES DEVASTATING INJURIES
Medical malpractice occurs thousands of times a day in the United States. It causes pain and suffering, wrongful death, lost wages, and catastrophic injuries. A national insurance company, which does an annual analysis of medical malpractice payouts, reports that $3,843,211,300 was paid out in claims in 2016, which was down 2.54% from the previous year.
Medical malpractice can devastate patients and their families. If you or someone you love has suffered a catastrophic, life-changing injury as the result of medical malpractice by a doctor, hospital, nurse, hospitalist, or other medical professional, contact Crandall & Pera Law for a free consultation.
IS IT JUST A MISTAKE, OR IS IT MEDICAL MALPRACTICE?
Doctors, being human, make mistakes. There are many different forms that medical malpractice can take. Here are some examples:
- Failure to diagnose and misdiagnosis. Crandall & Pera Law has successfully helped patients and their families obtain compensation when a medical professional has failed to diagnose a serious illness or injury, or has misdiagnosed one condition as another, and that mistake caused an injury or death to the patient. A patient who is injured has the right to pursue a claim for medical malpractice if a medical professional negligently fails to diagnose and treat a medical condition.
- Surgical errors. Even a minor error during surgery can lead to potentially devastating results. We offer compassionate counsel and aggressive courtroom strategies for victims of surgical errors.
- Medication errors. Medication errors are among the fastest growing medical malpractice claims. We have extensive experience building successful cases for patients who were overdosed, under dosed or given the wrong medication completely. Preventable medication errors impact more than 7 million patients and cost about $21 billion annually across all health care settings. (NCBI)
- Birth injuries. Crandall & Pera Law has focused on birth injuries and birth trauma since the firm’s inception. One of Crandall & Pera Law’s founding partners, heads our birth injury group in Kentucky. He has handled virtually every type of birth injury claim, and has successfully litigated and won multi-million-dollar settlements for our clients throughout Kentucky.
- Dangerous drugs and defective devices. From Actos to Dilaudid to Stryker hip replacements, we take on even the most complex medical malpractice claims involving dangerous drugs and defective medical devices.
- Anesthesia errors. An incorrect dosage of anesthesia can have long-term effects on a patient’s life and can result in permanent brain damage. In some cases, anesthesia errors are fatal. We have litigated and won multi-million-dollar settlements for victims of anesthesia error in the state of Kentucky.
- Emergency room errors. Our in-depth knowledge of how emergency rooms are supposed to work, combined with the knowledge of our three on-staff registered nurses, makes Crandall & Pera Law a formidable opponent in cases involving emergency room errors.
- Nursing home abuse/neglect. At Crandall & Pera Law, we are as focused on protecting the rights of the elderly as we are on protecting the rights of infants. We have built many successful cases against negligent and abusive nursing homes. We have attorneys and paralegals dedicated to the workup, development and strategy for prosecuting nursing home abuse and neglect cases. As a result, our Long Term Care team has recovered millions of dollars in compensation for victims of nursing home abuse and neglect throughout the state of Kentucky.
WHAT YOU MUST PROVE IN A MEDICAL MALPRACTICE CASE
A medical malpractice case is proven when the injured party can prove a direct line of causation between their injury and the negligent actions of the doctor. To prevail in a medical malpractice case, there are several elements you as a plaintiff must be able to prove:
- The existence of a doctor-patient relationship, which establishes the doctor’s duty of care
- That the doctor’s (or other medical professional) action or failure to act was a breach of the accepted standard of care for that specialty
- The patient suffered an injury that resulted in damages
- The breach of the standard of care was the direct cause of the patient’s injury
CAN A PATIENT SUE THE HOSPITAL IF THEY ARE INJURED WHILE RECEIVING MEDICAL CARE?
If you are injured because of medical negligence, you may be able to sue the hospital and the doctor who injured you if the doctor was an employee of the hospital under the legal theory of vicarious liability, or respondeat superior (a Latin term which means “let the master answer”). Vicarious liability speaks to the employer’s responsibility for their employee’s actions within the scope of their employment. However, if the doctor is an independent contractor, the employer may not be held liable for a contractor’s actions. Your Kentucky medical malpractice attorney will help you understand who can be held liable when you suffer an injury because of medical negligence.
HOW SAFE ARE THE HOSPITALS IN KENTUCKY?
There is a patient safety website called Hospital Safety Grade, which provides comprehensive safety ratings for hospitals. You can take a quick look at the safety grades that some of the hospitals in the Louisville and Lexington area have received for issues such as hospital-acquired infections, problems with surgery, communication procedures, practices to prevent errors, enough qualified nurses, Specially trained doctors care for ICU patients and other factors:
Saint Joseph East: Score: C
UK HealthCare Good Samaritan Hospital: Score: B
University of Kentucky Albert B. Chandler Hospital: Score: B
Baptist Health Lexington: Score: B
Saint Joseph Hospital: Score: B
Hazard ARH Regional Medical Center: Score: C
Jewish Hospital: Score: D
St. Mary & Elizabeth Hospital: Score: D
Georgetown Community Hospital: Score: C
Just because a hospital is scored well, however, does not mean mistakes cannot happen. Pikeville Medical Center earned an “A,” yet falls below average for the spread of hospital-acquired infections like MRSA and c. diff. King’s Daughters earned a “B,” but either scored poorly or decline to report its numbers in 4/5 categories regarding preventative measures.
Crandall & Pera Law has two offices in Kentucky to evaluate and prosecute medical malpractice cases in various jurisdictions, both state and federal. Our Crandall & Pera Law Kentucky medical malpractice attorneys investigate and brings cases forward in various areas of medical malpractice:
If you or a loved one is involved in such a situation, consult our legal team to ensure that any potential legal claim is properly assessed and that your rights are protected.
PLEASE CONTACT CRANDALL & PERA LAW IF YOU HAVE ANY QUESTIONS REGARDING YOUR MEDICAL MALPRACTICE CASE
Due to the relatively short statute of limitations for filing lawsuits for medical malpractice cases in Kentucky, it’s imperative that you contact Crandall & Pera Law as soon as possible to best protect your rights. Please call 877-686-8879 or fill out our convenient contact form to reserve a free consultation at one of our office locations. We have convenient locations in Lexington and Louisville, Kentucky.