The two primary reasons for seeing a doctor are to prevent yourself from getting sick or getting help when you are ill. Before you get to see the doctor, you will sign some form of a waiver, giving access to your medical records and allowing them to examine as they see fit. You form a bond of trust with that medical professional and expect them to provide a standard of care designed to help you with your health concerns. Sharing that trust does not make that doctor or their staff infallible.
Suppose you or someone in your family has experienced an injury because of negligence by a healthcare provider. In that case, you might have an actionable claim that an experienced Louisville medical malpractice lawyer can help with. These types of claims are especially complex to litigate. They require a thorough understanding of the applicable laws and how to negotiate with insurance companies. The attorneys at the Thomas Law Offices can provide that support.
In addition to signing a waiver for a medical examination, you’ll also sign a waiver for any procedure or treatment. Those waivers are supposed to inform you about the risks associated with the treatment and what you can expect for your recovery, but they don’t provide an excuse for an act of negligence.
Do you have a claim? You might if one of the following occurs:
Your medical care begins with your primary care physician. They will be the healthcare professional who will recommend you to other specialists. They might also be the physician who overlooks the condition.
Doctors, surgeons, and family practitioners are not the only medical professionals liable for medical malpractice in Kentucky. Healthcare providers and medical facilities, both public and private, can commit malpractice so long as they are licensed or certified.
These include but are not limited to:
The Kentucky Board of Medical Licensure certifies many medical professionals. It is also the agency you might need to lodge an official complaint with.
If a medical mistake harmed you or your newborn, we’ll investigate what went wrong and fight for funds for lifelong care. Start with a free case evaluation today.
A head injury can change everything. We pursue negligent drivers, companies, and providers to seek compensation for treatment, lost income, and long-term needs. Get a free case evaluation now.
Exposed to contaminated water at Camp Lejeune (1953–1987)? This page explains what happened and potential harms—note the firm is no longer taking these cases. Explore the details and see other options.
From fender-benders to serious crashes, we help you pursue the money you need for medical bills, repairs, and time off work. Don’t face insurers alone—request a free case evaluation.
Hurt on a jobsite? We’ll identify who’s responsible beyond workers’ comp and pursue the recovery you deserve for pain, lost wages, and medical costs. Talk to us for a free case evaluation.
When care goes wrong, you deserve answers and accountability. We review records, build strong claims, and pursue compensation for the harm you suffered. Schedule a free case evaluation.
Motorcyclists are vulnerable—and insurers know it. We fight for riders injured by careless drivers and push for full compensation for medical care and recovery. Request a free case evaluation.
If your premature baby developed NEC after cow’s milk-based formula, your family may have legal options. We’re representing families seeking justice and compensation—act now for a free case evaluation.
Attacked because a property lacked basic security? We investigate owners’ failures—lighting, locks, cameras, staffing—and pursue compensation for your injuries. Start with a free case evaluation.
If a loved one was neglected or harmed in a facility, we’ll help you hold the home accountable and pursue compensation. Take action today—get a free case evaluation.
Injured because someone else was careless? We’ll handle the legal fight so you can focus on healing and getting life back on track. Start with a free case evaluation.
Used a recalled Philips CPAP/BiPAP or ventilator? We help people harmed by defective devices pursue claims tied to the recall and alleged foam exposure. Get a free case evaluation.
Hurt on someone else’s property? We pinpoint unsafe conditions, prove negligence, and pursue damages for medical bills and lost time. Don’t wait—get a free case evaluation.
Defective products shouldn’t cost you your health. We pursue manufacturers and sellers when unsafe designs or warnings lead to injury. Find out if you have a claim—free case evaluation.
Survivors deserve support and accountability. We help you understand your rights and pursue civil action against abusers and enablers. When you’re ready, request a free case evaluation.
A fall can mean ER visits, missed work, and lasting pain. If poor maintenance or hazards caused your injury, we’ll help you pursue compensation. Get a free case evaluation today.
Benefits can be hard to win alone. If a condition keeps you from working, we’ll guide you through the SSA process and strengthen your claim. Start with a free case evaluation.
Spinal trauma can bring lifelong care needs and huge costs. We fight for compensation that reflects the full impact on your mobility, work, and future. Request a free case evaluation.
Crashes with semis are complex and high-stakes. We investigate drivers and trucking companies and pursue the recovery you need after serious injuries. Get a free case evaluation now.
Injured at work in Kentucky? We help Louisville workers fight delays, denials, and lowball benefits so you can get medical care and wage support. Request a free consultation.
When negligence takes a life, accountability matters. We help families pursue a wrongful death claim and seek financial stability during an impossible time. Start with a free case evaluation.
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
You and your Louisville medical malpractice lawyer need to establish four elements to prove your claim.
The first is the duty of care owed to you by your doctor. You must demonstrate a patient/doctor relationship with that professional. It can’t be someone you met at a party who gave you medical advice.
The second element to provide is the doctor’s negligence. This is essentially what they failed to do or did wrong. That is closely tied to the third element, which is causation. How did their negligence cause you to be injured?
Finally, you have to have to establish what damages you suffered as a result of the negligence.
The damages you can claim can be the following economic and noneconomic items:
You are also entitled to seek punitive damages. These are separate from your compensatory damages and are meant to punish the liable party for their negligence.
There’s no limit to the amount of punitive damages you can request. However, these awards are usually only given out by a jury if your claim becomes a civil matter. Most insurance companies don’t pay punitive damages.
When you speak to a Louisville medical malpractice lawyer, you’ll have a chance to present your claim and whatever evidence you might have. If your attorney agrees this is a valid claim, you can enter into a retainer agreement.
The first step is to file a complaint, but before that can happen, you need to obtain a merit certification.
This is a type of avadavat from an independent medical practitioner who has reviewed your case and determined inconsistencies with your standard of care that could rise to the level of malpractice.
A certification of merit is not a final verdict. It is just verification that there is enough evidence to proceed.
You don’t have a lot of time to file your medical malpractice claim in Kentucky. While most states allow two or three years to file a case, in Kentucky, you only have one year to file. That filing usually happens after you’ve exhausted all your options with an insurance company representing the medical professional or hospital.
The Kentucky Statute of Limitations for medical malpractice lawsuits is one year from the date of the injury or from the date that the damage was discovered.
This means that if a person is injured due to medical malpractice, they must file a lawsuit within one year of the injury or the date that the injury was discovered. If the person does not file a lawsuit within this one year, they may be barred from filing a lawsuit at all.
You don’t want to wait to file your medical malpractice claim. You can contact the Thomas Law Offices today to set up a free case evaluation.
At that first meeting, we’ll listen to what happened to you and consider your documentation. We’ll be able to provide you with a preliminary consideration for the case. We might require further investigation before we can proceed, but you’ll know all your options.
The best way to proceed with a medical malpractice claim is to have the backing of attorneys who have the experience and principles to provide the support you need to navigate the claim. Call to talk to our Louisville medical malpractice lawyer today.
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Have You Been Injured? We're Ready to Fight for You.
