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Medical negligence, also known as medical malpractice, occurs when a health care professional fails to provide adequate care, resulting in harm or injury to a patient. This can include mistakes made by doctors, nurses, hospitals or other medical professionals. Medical negligence can take many forms, from surgical errors to misdiagnoses, and can have devastating consequences for patients and their families.

Medical malpractice cases are often more complex than typical personal injury cases because they require specialized knowledge of medical procedures and practices. To build a strong case, an attorney must work with medical experts to understand the standard of care that should have been provided and how the defendant’s actions fell short of that standard.

Additionally, medical malpractice cases often involve a higher burden of proof, as a lawyer must demonstrate that the defendant’s negligence caused the patient’s harm. Furthermore, health care providers and their insurers often employ aggressive defense tactics, making it essential to have an experienced and skilled legal team on your side.

In Kentucky, the statute of limitations for medical malpractice claims is generally one year from the date of discovery, but there are nuances to this rule. The discovery rule states that the clock starts ticking when a person discovers or should have discovered the injury, rather than the date of the actual malpractice. There are also exceptions for minors, who have one year from their 18th birthday to file a claim. An experienced medical malpractice attorney can assess your injuries and help you determine the specific statute of limitations for your case.

If you’ve been harmed by medical malpractice, you may be eligible to recover damages for your injuries. These can include compensation for medical expenses, lost wages, pain and suffering, and other related costs. In some cases, you may also be able to recover punitive damages, which are intended to punish the defendant for their negligence.

Yes, you can still file a medical malpractice claim even if you signed a consent form before treatment. While a consent form indicates that you understood the risks and benefits of a procedure, it does not necessarily mean that you gave informed consent. If your doctor failed to fully disclose the risks or benefits of a treatment, or if they failed to obtain your informed consent, then you may still have a valid claim. Our experienced attorneys can help you determine whether you have a case.