Going in for a medical procedure and coming out with a life-changing injury or disability is devastating. However, injuries often result from the carelessness or negligence of a medical care professional or facility.
Holding the healthcare professional accountable for their misconduct is complex, costly, and usually time-consuming, since suffering an injury during a medical procedure does not necessarily mean you have a case of medical negligence. Instead, to collect compensation, you must demonstrate the provider, either by an act or omission, deviated from the standard of care within their profession. Proving this might be challenging if you work without a tenacious injury attorney, but a Florence medical malpractice lawyer can use their decades of experience to help you put together a compelling case.
Common Examples of Medical Malpractice
While not every instance of harm in a doctor’s office constitutes actionable malpractice, some common situations that might entitle a plaintiff to file a claim include:
- Misdiagnosis or delayed diagnosis
- Surgical or procedural errors
- Childbirth injuries
- Failure to treat
- Prescription drug errors
Anyone who believes they sustained injuries due to medical malpractice should seek medical treatment immediately and then consult with a knowledgeable attorney in Florence.
The Certificate of Merit Requirement for Medical Malpractice Claims
Before filing a medical malpractice action against a healthcare provider or facility, the plaintiff must file something known as a Certificate of Merit with the court. This certificate uses a panel of experts to confirm that there are grounds for a valid medical malpractice case. However, according to Under the Kentucky Revised Statutes § 411.167 a certificate is not required if:
- The claimant could not reasonably get the certificate before the statute of limitations deadline
- The defendant never provided records on the plaintiff’s request
- After making three separate good faith attempts to consult with experts, none would agree to review the case
- Expert testimony is not needed to prove that a provider committed medical malpractice
A proactive lawyer in Florence could help with obtaining this certificate, navigating any complications that might arise during the process, and keeping a medical malpractice case on track.
The Deadline for Filing a Medical Malpractice Civil Lawsuit
It is key to understand there is a court-enforced time limit for filing a medical malpractice lawsuit against a healthcare professional. According to Kentucky Revised Statutes § 413.140, the claimant must commence legal action within one year of the cause of action. The statute’s time begins to accrue the day the plaintiff reasonably discovers they suffered injuries due to a negligent medical procedure.
The Statute of Repose
A statute of repose sets another vital deadline the claimant must be aware of in medical malpractice cases. This statute extinguishes the plaintiff’s legal right to file an action after a specific time expires, even if the statute of limitations deadline has not passed. The statute of repose in Kentucky is five years.
For instance, if the plaintiff does not discover within four years that they sustained injuries during a medical procedure, they will have less than one year to file their claim. A Medical malpractice attorney in Florence can handle the legal filings and ensure a plaintiff submits the action in compliance with the applicable statutes.
Call a Compassionate Medical Malpractice Attorney in Florence
A severe injury by a medical professional can devastate your life and future. Medical malpractice can also be costly, as your injuries could keep you out of work and require additional medical care. A medical negligence lawsuit is no simple undertaking. However, a hard-working Florence medical malpractice lawyer can guide you through this challenging process. Reach out to our highly experienced team today to get started on your case.
