Filing Complaints against Medical Professionals in Kentucky

September 12, 2022 Insights

medical malpractice attorney

Health care professionals are responsible for treating patients with the levels of care necessary for the situation. Health care services may occasionally fall short of a patient’s realistic expectations, notwithstanding these criteria.

When this happens, a patient or family member can think about accusing a doctor of medical malpractice.

The state’s medical malpractice law, found in Kentucky Revised Statutes Chapter 216, allows those who have received subpar care from a doctor or other healthcare provider in Kentucky to sue for damages.

The sections below show more details regarding this matter.

Types of Medical Malpractice Complaints in Kentucky

In order to win their case for medical malpractice in Kentucky, victims must prove two essential factors.

It is necessary for the victim to show that the negligent party’s actions fell short of what a reasonably competent expert in the same field would have done in the same situation in order to establish negligence.

They must next demonstrate that the irresponsible behavior directly led to their damages and injuries. Medication errors, treatment mistakes, incorrect diagnoses, and surgical failures are a few prevalent sorts of complaints.

Medical malpractice liability may also result from other types of negligence, carelessness, or recklessness that result in patient harm or death.

When to File a Complaint

Once a provider-patient relationship has been established and proven that the provider’s negligence led to the victim’s injuries, the victim may file a medical malpractice claim for compensation.

Suppose a healthcare provider’s negligence causes a patient to suffer from physical pain, emotional anguish, additional medical expenses, lost wages, or other damages. In that case, they may be able to file a lawsuit.

Where to File a Complaint

For a select group of healthcare professionals, ethics and professional competence standards are developed, adopted, and enforced by the Kentucky Board of Medical Licensure (KBML) and other organizations.

Physicians, sports trainers, surgical assistants, acupuncturists, and physician assistants are all subject to licensing and regulation by the KBML. Infractions by qualified licensees may result in agency reprimand.

Despite processing these complaints, the KBML only has limited authority, and the organization doesn’t deal with many different kinds of concerns. The KBML does not license psychologists, chiropractors, dentists, nurses, or other healthcare professionals.

Additionally, the KBML is unable to assist people who want to sue medical professionals for money. Patients in Kentucky should speak with a lawyer in these situations to learn more about their legal options.

Settlement and Litigation

Unlike many other states, Kentucky law does not require alternative dispute resolution before a claimant files a lawsuit. Although mediation or arbitration are not required by law, some plaintiffs choose mediation as a quicker alternative to litigation.

An attorney is crucial during mediation because they can ensure the victim is fairly compensated for their losses and injuries.

The case might go to trial if the parties can’t come to an agreement. Claimants must follow the state’s tight filing rules to guarantee that the court does not dismiss their claims. The parties must start the discovery procedure after filing the complaint and answers.

The parties will gather all the facts, evidence, and other material necessary to present or defend their positions throughout the discovery process, usually through the assistance of their attorneys.

The matter will probably go to trial if the parties are still unable to come to a settlement during pre-trial proceedings. At this point, a skilled attorney can present a court or jury with a solid legal argument.

Conclusion

Patients can calculate an acceptable amount of damages for their losses with the assistance of an attorney.

In contrast to the majority of other states, Kentucky does not have a statutory limit on the number of damages a medical malpractice claimant can ask for or receive. The state also enables punitive damages in a few specific circumstances.

If you have to file a complaint against a doctor in Kentucky, don’t hesitate to contact Circeo Law Firm. Our lawyers will fight to hold medical professionals accountable for negligence. Schedule a consultation with our firm today.