Have You Been Injured? We're Ready to Fight for You.

When Can I Sue a Hospital?

Published on Oct 9, 2018 at 1:54 pm in Medical Malpractice.

You may never expect that you could get injured in a hospital because you’re surrounded by people trained to make you feel better. But mistakes can happen in a hospital. There could be a miscommunication error, a mistake on a patient’s chart, or a doctor could misinterpret a patient’s test. Hospital mistakes can be dangerous and sometimes fatal. If you’ve been a victim of medical malpractice, a Louisville medical malpractice lawyer from Thomas Law Offices can help you with your claim.

Medical malpractice can cause devastating injuries that keep you from living your life. Some injuries could possibly have permanent consequences. When you’ve been injured because of someone else’s negligence, you deserve justice. The lawyers at Thomas Law Offices will carefully investigate your case to determine how the malpractice occurred, who is at fault, and how you can proceed.

Suing for Medical Negligence

If you’re wondering if you have grounds to sue a hospital for medical malpractice, you should go over the following points of your claim first. You may find that while you have a medical malpractice case, the hospital isn’t the guilty party.

  • Determine Who Made the Mistake. You may have gotten your injury in the hospital, but it doesn’t necessarily make the hospital liable. It’s important to find out who made the mistake. Your doctor may be an independent contractor and not an employee of the hospital.
  • Identify the Extent of Your Injury or Injuries. Then you need to take assessment of your injuries from the mistake.
  • Have Evidence of Your Injury. Obtain copies of your medical records documenting the injury and what you’ve needed for care like tests, corrective surgeries, and medication.
  • Contact a Medical Malpractice Lawyer. Medical malpractice cases are difficult and it’s best to have an experienced lawyer at your side. They’ll make sure that your rights will be protected and will fight to get you a fair settlement.

Once you complete the above steps, your lawyer can proceed with your claim and you’ll have a clear idea of who is at fault and what you can expect from the case.

Kentucky Statute of Limitations

It’s imperative that you bring your claim forward before the statute of limitations is up. In the state of Kentucky, the revised statute 413.140 states the action must be brought within a year. There may be extenuating circumstances if your injuries prevent you from taking action, but it’s best to get started on your claim as soon as possible.

Deciding to sue a hospital may seem like a daunting task that should happen after you’ve determined that the hospital should be held liable for your injuries and you’re represented by a medical malpractice lawyer. But you deserve to have your voice be heard and to get compensation for your pain and suffering. Your case may even prompt the hospital to change their policies or procedures to prevent this from happening again, meaning that you could possibly stop this from happening to another person.


Meet Your Team

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out-of-pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Legal & Firm News

What You Need to Know About Business Litigation and Contingency Fees

If your business has ever been involved in a legal matter, you may be surprised to hear the two phrases together: business litigation and contingency fees. Traditionally, it has been more common to associate a contingency fee model with personal injury law involving individual parties rather than businesses. But this is no longer always the […]

Read More

Signs of PTSD in Military Service Members

It’s estimated that up to one-third of military service members suffer from PTSD. PTSD, post-traumatic stress disorder, is a mental health condition that can develop following a traumatic event. This usually means an event involving actual or threatened death, serious injury, or abuse. People who have seen combat, witnessed death, or experienced a life-threatening situation […]

Read More

AAA Conducts Study Examining Travel Before and During COVID-19

In 2021, new research from the AAA Foundation for Traffic Safety’s New American Driving Survey revealed shifts in driving, traveling, and commuting patterns in the United States. The statistics gathered between July 2019 and December 2020 cannot be analyzed without consideration of COVID-19’s unignorable impact on the numbers—numbers showing marked differences from previous years’ findings.

Read More