Medical malpractice can result in serious injuries that can last a lifetime or even result in death. That said, it is important to note that not every bad medical outcome is caused by medical malpractice. Under certain circumstances, a treatment can cause wholly unexpected side effects or may simply be ineffective. However, medical malpractice may have occurred when a bad medical outcome is the direct result of a medical professional’s failure to meet a reasonable standard of care. The medical malpractice attorneys at Adams Law understand the frustration and even anger you may be feeling following your injury due to medical malpractice, and we believe we can help.
While no amount of money can change what happened to you or a loved one through medical malpractice, it can ensure you receive the medical care you need and deserve and that you are able to pay for that medical care. If you are unable to work because of your injuries, a medical malpractice lawsuit can also ensure your regular monthly expenses are paid. Adams Law helps those in Northern Kentucky, although we serve Ohio as well. Call our Covington office to get the help you need.
Medical Malpractice Statistics
According to the High Court website, 41 percent of adults in the United States believe they have been victims of medical malpractice. Surgeons are by far the most likely medical professionals to be sued for medical malpractice (85 percent). Following surgeons, OB/GYN doctors, Otolaryngology doctors, and anesthesiologists are those most likely to be sued for medical malpractice.
The most common reason for a medical malpractice claim is failure to diagnose or delayed diagnosis. A many as a quarter of a million deaths occur in the United States annually due to a medical error, making medical malpractice the third-leading cause of death in the U.S., after cancer and heart disease. Despite the fact that the number of medical errors is so high, only about one percent of those who believe they were the victim of a medical error will actually file a medical malpractice claim.
Less than 10 percent of physicians in Kentucky that made two or more medical malpractice payouts were disciplined by the Kentucky Medical Board, and only 12 percent of those with three or more payouts were disciplined. Having strong medical malpractice attorneys by your side during a difficult time can truly make all the difference in the outcome of your claim. If you are a patient harmed by a medical professional, you are likely confused, anxious, even frightened. You need solid legal help from the medical malpractice attorneys at Adams Law.
What is the “Standard of Care” in Medical Malpractice Claims?
Medical malpractice claims turn on the issue of “standard of care.” In its simplest form, standard of care centers around whether other equally trained medical professionals would have acted in the same manner.
In other words, if most other surgeons trained in the same specialty would have taken a specific action not taken by your surgeon, then they have violated the standard of care. Standard of care hinges on the degree of care and skill of the “average” health care provider who practices in your provider’s specialty, taking into account the medical knowledge available in that field.
While “reasonableness” is the standard for ordinary negligence, doctors and other health care professionals are judged on standard of care when medical malpractice is claimed. Keep in mind, reasonable care is not “ideal” care, or “perfect” care, in that most medical procedures and treatments involve at least some level of risk or complications.
What is the Statute of Limitations in a Medical Malpractice Claim?
Statutes of limitations govern the amount of time a patient must file a medical malpractice claim. These statutes vary considerably from state to state and are extremely important. Filing a medical malpractice claim after the statute of limitations has ended will result in the case being dismissed. In the state of Kentucky, the statute of limitations for filing a medical malpractice claim (including birth injuries) is one year from the date the medical malpractice occurred—or one year from the date you should have known medical malpractice occurred.
In certain cases when medical malpractice resulted in death, the statutes could be extended to two years. If the injury is not discovered immediately, the statutes do not begin until the time of discovery—with a maximum of five years. If a minor is injured by medical malpractice, the statutes are “tolled,” meaning they are put on hold until the minor turns 18 or marries. From that point, the minor has one year to file a medical malpractice claim.
Adams Law in Covington
Choosing the right medical malpractice attorneys can make a significant difference in the outcome of your medical malpractice claim. At Adams Law, although we have a historic reputation, we remain forward-thinking, implementing and utilizing technology to provide comprehensive, consistent, affordable medical malpractice representation. We strive to provide the perfect balance of high-quality legal representation and client experience, always believing our client is the most important part of the experience. Your best interests are our primary concern—we listen to your needs, goals, and concerns.
Our entire legal team recognizes the severe physical and emotional issues involved in medical malpractice claims, whether the case involves the representation of a plaintiff or defendant. We work closely with every client to find a resolution to each matter in the most economical manner possible.
Medical malpractice claims are becoming more challenging to pursue, and the attention of a highly skilled legal professional is an important asset. Our firm offers the experience to ensure that our clients recover maximum compensation after an injury.
- Surgical errors
- Birth injuries
- Deaths during childbirth
- Failure to properly admit or retain patients
- Emergency room errors
- Wrongful death
We will begin an immediate investigation to collect all pertinent evidence in your case, including medical documents and witness statements. We will consult with medical experts who will testify on your behalf. Our attorneys will always provide honest and straightforward advice and give you an honest assessment of your case. If we do not believe that recovery is possible, we will help you explore other options to obtain the medical attention and financial support that you need.
At Adams Law, our attorneys know that medical malpractice claims are becoming harder to file and litigate. Even when you have suffered a serious injury or side effect because of a medical procedure, recovering medical malpractice damages is a challenging pursuit. Any claim requires skilled representation by an attorney with both technical, medical knowledge and trial experience. We represent clients in multiple areas, helping them navigate sometimes complicated and confusing legal issues. Contact Adams Law today for the assistance you need with your medical malpractice claim.