Whether you’re heading to the hospital for elective surgery or you’re being taken via ambulance after an accident, you expect to receive a certain level of care while you’re a patient. When negligent doctors or medical staff harm patients, the victims have the right to pursue legal action. If you find yourself in a situation like that, an Owensboro, KY medical malpractice lawyer can help.
Medical Facilities in Owensboro
While there are a number of general care practitioners and specialists in Owensboro, the Owensboro Health Regional Hospital is the only hospital within city limits. According to Medicare, that facility has an above-average rating, with four out of five stars. The rating is based on mortality, safety of care, readmission, patient experience, effectiveness of care, timeliness of care, and efficient use of medical imaging.
If you live in Owensboro, you’ve likely been to the Owensboro Health Regional Hospital. The medical staff there are responsible for your care and wellbeing and should take proper steps to ensure the standard of care is met while you are their patient. If that does not happen, and you sustain injuries, or you’re injured in a different hospital or medical facility, you have the right to pursue a personal injury claim.
To pursue a claim, you’ll want to work with an experienced Owensboro medical malpractice attorney, as this is a complicated area of litigation. When you reach out to Thomas Law Offices, we’ll start by evaluating your situation and determining the type of medical error that resulted in your injuries and losses.
Types of Medical Malpractice
The type of medical malpractice you’re subjected to is crucial to determine when it comes to proving your case. While mistakes can happen in all areas of medicine, some of the most common include the following:
- Misdiagnosis. Misdiagnosis happens when a doctor examines a patient but fails to diagnose the correct illness. The doctor may say the patient has no discernible disease, or the doctor may diagnose the patient with a condition they do not have.
- Delayed Diagnosis. Similar to misdiagnosis, delayed diagnosis happens when a doctor incorrectly diagnoses a patient initially but eventually provides an accurate diagnosis. When this happens, the patient might not receive treatment in a timely fashion.
- Failure to Treat. There are instances where a doctor correctly diagnoses a patient but fails to recommend adequate treatment. This often happens when doctors are treating too many patients.
- Surgical Errors. Surgical errors are often the result of inexperience or miscommunication. Mistakes we’ve seen clients deal with include wrong-side surgery, wrong-site surgery, and anesthesia errors.
- Birth Injury. When a person goes into the hospital to give birth, they trust their medical team to safely get them and their baby through the labor and delivery process. If an inexperienced doctor misuses delivery assistance tools, the baby could sustain a broken bone or traumatic brain injury.
- Defective Medical Devices. Pharmaceutical companies and medical device manufacturers are responsible for ensuring the devices and medications they release are safe for consumers. Sometimes, corners are cut to save money, or products aren’t reviewed carefully, and patients sustain injuries.
No matter what type of medical error you’ve been subjected to, an Owensboro medical malpractice lawyer is ready to represent you.
Proving a Med Mal Claim
To pursue a successful medical negligence claim, certain elements will need to be present when your case is presented. First, your lawyer will need to establish that there was a doctor-patient relationship. In order to prove that, they’ll use your medical records. The second element is harder to prove, as it involves demonstrating negligence. To do this, your lawyer may call on the opinion of a medical expert to explain how your doctor breached the standard of care.
After negligence has been established, it’s time to prove that the negligent behavior caused your injuries. Your attorney will explain how you wouldn’t have suffered from the injury if the doctor had not made a mistake. Finally, it’s time to connect the harm to your damages. Damages are the accident-related expenses you’ve incurred like medical bills, lost wages, and pain and suffering.
Many personal injury claims can settle through negotiations. Unfortunately, that isn’t always what happens—especially with medical malpractice cases. In the event your claim cannot be settled outside of court, your attorneys will pursue a lawsuit in hopes of obtaining a favorable verdict from a judge or jury.
Get in Touch With Thomas Law Offices
No matter the extent of your injuries, it’s important to hold negligent physicians accountable for their actions. An Owensboro, KY medical malpractice lawyer can explain your legal rights and options to you and ensure the proper steps are taken to maximize your chances of receiving the compensation you need to recover and get your life back in order.
Filing a claim can take time, and the process of proving negligence isn’t always easy. When you work with an attorney from Thomas Law Offices, we’ll guide you through the process and ensure your claim has the best chances of success. The sooner you get in touch with us, the better. To get started, contact us today to schedule a free case consultation.