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Who's Liable for My Medical Injury?

Who's Liable for My Medical Injury?

Medical errors can cause physical, emotional, and financial harm, or even be life-threatening. For example, a doctor may misdiagnose a  serious condition like cancer, or neglect to read a patient's medical history which leads them to prescribe a medication that causes a deadly allergic reaction.

If you or one of your family members have sustained injuries that could have been prevented through proper care, it's important to know your rights. Taking on the medical community may seem intimidating, but failing to take action may be a decision you regret the rest of your life.

Confusing Kentucky Medical Malpractice Laws

In 2018, the Kentucky Supreme Court struck down a law that required plaintiffs to submit cases to a third-party panel for review before filing a lawsuit. This meant thousands of individuals that were harmed by medical errors had their claims put on hold. Fortunately, now patients can freely file medical malpractice claims in the state.

To complicate matters further, Kentucky doesn't require doctors to carry malpractice insurance and has zero minimum requirements for medical practitioners. Despite lax laws, many healthcare facilities and insurers insist doctors have coverage.

But if your doctor isn't fully reimbursed by an insurance company or is totally uninsured, he or she will have to pay your claim out of their own pocket. This creates a huge incentive for any physician to settle out of court for whatever amount they can offer. A medical malpractice lawyer can help you obtain a settlement offer or litigate, if necessary.

To make matters worse for the doctors (and better for you, the plaintiff), the amount you can collect in damages is unlimited in the state of Kentucky because there is no medical malpractice damages cap. Millions of dollars have been awarded to patients or families of medical malpractice victims that have died.

Sometimes more than one party is liable. If wrong instructions were given by the doctor, or if one professional failed to correct the other, then both could be sued. This would apply, for instance, if your family doctor misdiagnosed you as having a heart murmur and the cardiologist you saw didn't recognize that you actually have congestive heart failure. Both would be held liable.

Who Can Be Sued?

According to recent Medscape surveys, medical malpractice claims have been filed against nearly two-thirds of physicians at one time or another. This is shocking because when you visit a doctor you expect to be safe, but certain professionals have a higher chance of being responsible for medical mistakes, including:

 • Surgeons

 • Obstetricians/Gynecologists

 • Otolaryngologists

 • Orthopedists

 • Urologists

Talk to a Lawyer After a Medical Injury

This is by no means a comprehensive list, so keep in mind that you may need to sue a provider outside of these practice areas. Every case is different.

It's often very difficult to determine who is at fault. Put your case in the capable hands of a medical malpractice attorney in Louisville, Kentucky. Visit Wilt and Thompson, PLLC at their website or call 502-253-9110 to talk about your claim.

About the Author:

Wilt and Associates, LLC

The legal team at Wilt and Associates, LLC , leverages the background that our attorneys and their staff have in defending doctors and insurers to benefit plaintiffs in medical malpractice and personal injury lawsuits. Wilt and Associates, LLC , represents clients across Kentucky, as well as select personal injury clients in Ohio. We will fight to earn you the settlement you deserve.... View full business profile here: Wilt and Associates, LLC

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