What Happens If A Doctor Harms You?
When you receive medical treatment, you trust that your physician or health care facility will take good care of you. Unfortunately, some health care practitioners act recklessly or negligently, resulting in catastrophic injuries and illnesses.
If you believe that you are the victim of medical malpractice, please turn to Ross Mann Law PLLC. Our team of medical malpractice attorneys has years of experience helping Kentucky and Ohio injury victims recover compensation for their damages.
Do I Have A Medical Malpractice Case?
Not every unfavorable result is due to malpractice. Medical negligence occurs when a doctor, nurse or health care facility that owes you a duty of care deviates from the expected standard of care. If you have damages because of their conduct, you may have an actionable claim.
Some of the most common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Emergency room errors
- Surgical errors
- Anesthesia errors
- Medication errors
- Prenatal or birth injuries
- Lack of informed consent
- Wrongful death
Proving malpractice is exceedingly difficult. Hospitals and clinics have swarms of lawyers prepared to undermine your claim. You will need Kentucky doctor malpractice lawyers like ours who have a long, proven record of success in personal injury claims of all kinds, including medical malpractice.
Medical Malpractice VS. Elder Abuse: Identifying Key Differences
While both medical malpractice and elder abuse can inflict harm on vulnerable individuals, they are distinct legal issues. Understanding key differences can help you determine the appropriate course of action if you suspect a loved one is suffering from mistreatment.
Do they overlap with each other?
There can be some overlap between malpractice and elder abuse, particularly in nursing home settings that provide comprehensive medical services. For instance, using improper patient restraints and withholding medical care are two acts that could be considered both medical malpractice and elder abuse.
Medical malpractice refers to an individual act of negligence resulting in patient harm, such as leaving a surgical instrument inside a patient. It generally involves professional medical negligence in a health care setting (hospital, nursing home). By contrast, elder abuse often occurs intentionally, making the element of intent a critical element.
What do elder abuse and medical malpractice look like?
Seeing a few examples of each and how they can hurt elderly individuals may help you find clarity about your loved one’s circumstances.
Medical malpractice can involve:
- Misdiagnosis: Overlooking complex conditions or age-related symptoms
- Medication errors: Administering the wrong medicine or dosage
- Monitoring failures: Not monitoring patients properly following medical procedures
- Surgical mistakes: Wrong-site and wrong-patient surgical procedures
- Fracture mismanagement: Failing to treat fractures properly in high-risk patients (osteoporosis, etc.)
- Pressure sore neglect: Not preventing or treating pressure sores (bedsores)
Intentional elder abuse can involve:
- Financial abuse: Stealing money, misusing credit cards, forcing changes to their wills
- Physical abuse: Hitting, pushing, restraining or otherwise causing injuries
- Emotional abuse: Yelling, threatening, isolating, controlling
- Neglect: Withholding food, medication or basic care
- Abandonment: Leaving an elder alone and helpless
- Sexual abuse: Any unwanted sexual contact or exploitation
When seeking to find justice for a harmed elderly family member, understanding how they were injured can guide your next steps. It can inform you which legal remedy – a malpractice or elder abuse claim – will serve your family’s best interests.
Kentucky’s Statute Of Limitations For Medical Malpractice Claims
Kentucky has a short statute of limitations for medical malpractice claims. You need to file your lawsuit within one year of the date of the incident. If you miss this deadline, you miss the opportunity to recover compensation for your damages. Our medical malpractice lawyers work quickly, ensuring you do not lose your rights due to the statute of limitations.
Please Make A Free Medical Malpractice Consultation Today
Negligent doctors and hospitals should face accountability. Ross Mann Law PLLC, is the team to help you hold them liable. To request a completely free, confidential consultation, please call us toll-free at 888-465-4145 or use our online contact form. Based in Lexington, we also serve clients in the Louisville metro.