Kentucky Medical Malpractice Attorneys
Fighting for Patient Rights Since 1971
Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, is negligent or reckless and harms their patient. This includes mistakes during surgery, birth injuries, wrong diagnoses, or even giving the wrong medication. Generally, to be considered malpractice legally, the mistake must have caused injury or damage that the patient would not have otherwise suffered.
If you or a loved one has suffered due to medical negligence, you are not alone. Kirk & Crum, PLLC understands what you’re going through, and our team of dedicated medical malpractice attorneys is here to help. We have a deep understanding of Kentucky law and decades of experience. With our track record of successful settlements and verdicts for our clients, we are ready to put our skills and experience to work for you.
Contact us online or call (606) 249-9544 to schedule a free case consultation. We are standing by.
Do You Have a Case?
Figuring out who is responsible in a medical malpractice case can be complex. Potentially liable parties include doctors, nurses, hospitals, and other healthcare facilities. To establish liability, you must demonstrate that the healthcare provider's action or inaction directly caused harm.
You may have grounds for a lawsuit if your situation meets the following four conditions:
- Duty of Care: The healthcare provider owed you a duty of care, meaning they were responsible for your treatment.
- Breach of Duty: The provider failed to meet the standard of care.
- Causation: This breach of duty directly caused your injury.
- Damages: You suffered actual harm or damage, whether it's physical, emotional, or financial.
Breaching a Standard of Care
In Kentucky, medical malpractice laws can be tricky to navigate. Typically, to bring a medical malpractice case, you must prove that the healthcare provider didn’t meet the “standard of care” owed to you. This means showing that a similar healthcare professional would not have made the same mistake under similar circumstances.
If you believe you have a case, gather as much evidence as possible, including:
- Medical records
- Medication and pharmacy records
- Financial records, including medical bills
- Communication records
- A timeline of events
- Photos or video evidence
- Witness testimonies
- Expert testimonies
When you schedule your consultation with one of our attorneys, we encourage you to bring as much information as possible. This will help our team more thoroughly assess your situation and identify whether you have grounds for a claim.
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Statute of Limitations on Medical Malpractice in Kentucky
In Kentucky, you have one (1) year from when you discovered the injury (or when the injury reasonably should have been discovered) to file a case. However, there is a further limit on medical malpractice cases that potential claimants should be aware of. Under KRS § 413.140 (2), medical malpractice claims must be brought within five (5) years of when the alleged act or omission occurred.
Remember, when bringing a medical malpractice lawsuit, act quickly. If you miss this deadline, you could lose your chance to hold the responsible parties accountable and seek compensation. If you have questions or need legal guidance, our team is here to support you through every step of the process.
Contact us today to discuss your situation and explore your options.