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Best Medical Malpractice Lawyer in Covington, Kentucky
Medical malpractice is a serious matter and requires an attorney with the right experience to handle a case of such magnitude. But how do you find the best medical malpractice lawyer in Covington, given the numerous personal injury law firms in this city?
The truth is, not every personal injury law firm you come across is experienced enough to handle such cases. Personal injury laws are broad, and you need someone specifically experienced and specialized in providing legal representation for victims of medical malpractice.
Understandably, the process of looking for a medical malpractice lawyer in Covington can be frustrating. It's easy to give up and settle for just any lawyer that pops up in your search results when that happens. However, such a decision comes with severe consequences.
For example, an inexperienced attorney will probably settle for any amount of compensation to close the case. You'll regret hiring such an attorney weeks, months, or years down the line when your life takes a drastic change due to medical malpractice. Unfortunately, you can't sue the party responsible again unless under very rare circumstances, i.e., if the settlement agreement was fraudulent.
Choosing the Best Medical Malpractice Lawyer in Covington
Morgan & Morgan is the right injury law firm to contact if you're looking for the best medical malpractice lawyer in Covington. Our law firm checks all the right boxes if you need a medical malpractice attorney who'll handle your case with the seriousness it deserves.
What Is Medical Malpractice?
Medical malpractice is legal action taken against a medical or health care provider who has acted negligently or abandoned their responsibilities, thereby causing injuries to their patients.
Examples of Medical Malpractice Cases
Covington is home to numerous other public and private hospitals, each tasked with taking care of every patient. Unfortunately, however, it's not rare to come across several cases of medical malpractice in these facilities each year.
If you or your loved one has suffered injuries caused by a health care provider's negligence, you may be eligible for compensation.
Here are some common medical malpractice cases in Covington, KY.
When you visit a medical or health care provider in Covington, you don't always think about surgery unless it's scheduled or necessary. However, any surgery that's not needed, indicated, or not in your best interest when weighed against all other available alternatives is considered unnecessary.
Examples of unnecessary surgery include;
- surgeries that have not been consented to by the patient;
- surgeries targeting the wrong body part;
- surgeries targeting the wrong patient;
- surgeries stemming from a misdiagnosis.
Improper Medication and Dosage
Medical providers and practitioners are required by law to verify an individual's identity before administering or prescribing medication. The identification process might be in the form of name, date of birth, medical records, and any other qualifying procedure. However, it's not rare to come across cases where patients have suffered serious complications from ingesting improper medication or dosage. Such cases require the attention of a Covington medical malpractice attorney.
A medical provider or practitioner can be sued for premature discharge if they discharge a patient too soon. This lawsuit is often warranted if the patient develops further complications requiring readmission or dies after being discharged from the hospital. However, for that specific injury or death to qualify as premature discharge, the medical condition must have been difficult or impossible to manage at home.
For instance, if you have been admitted to the hospital after suffering a severe foot injury, you expect to be discharged when you feel better and can manage the condition at home. However, let's say you have a wound that needs to be dressed and cleaned daily, but you can't do so at home. If the wound's condition worsens and you require readmission or even amputation, the health care facility could be held responsible for premature discharge.
Disregarding Patient History
The whole point of medical charting is to obtain your medical records for current and future use. For example, suppose you are allergic to penicillin. In that case, such information should be readily available in your medical records, and your health care provider should be able to pull it out before prescribing or administering certain medications.
So if they gave you any medication containing penicillin and you developed a serious allergic reaction, chances are they didn't check your medical records—this kind of negligence warrants a medical malpractice lawsuit.
The same also applies to laboratory results. Medical practitioners are required to read and interpret your laboratory results before deciding the way forward. Ignoring such crucial information could be the difference between life and death. When that happens, you need to speak to a medical malpractice attorney.
Other common examples of medical malpractice cases in Covington, Kentucky, include:
- poor follow-up or aftercare;
- failure to notice symptoms;
- failure to order or conduct proper testing.
How to Prove Medical Malpractice in Kentucky
Medical malpractice cases in Kentucky, or any other state in the US, are usually too complex. As a result, the chances of winning such claims without the help of an attorney are slim.
Many factors come into play when deciding whether a particular incident qualifies as medical malpractice in this state. For example, the following conditions must be met to prove medical malpractice;
There Was a Violation of the Standard of Care
Kentucky medical practitioners are expected to maintain a certain standard of care when providing healthcare services to patients. This is usually referred to as the standard of care. For this reason, a patient expects the standard of care to be maintained at all times. If a healthcare practitioner or provider fails to maintain this standard of care, they can be sued for medical malpractice.
Injury Caused by Violation of Standard of Care
Now, here's the tricky part; to file a medical malpractice claim, you must prove that you or your loved one suffered injuries due to the medical practitioner's negligence. This means that just because you were injured during a particular medical procedure doesn't necessarily qualify as medical malpractice.
The plaintiff (you) must connect the injury to the medical practitioner's negligence to prove medical malpractice. And that's not even enough; you must also prove that the injury wouldn't have occurred without the medical practitioner's negligence.
Failure to prove these two elements means you can't sue the other party for medical malpractice.
The Injury Caused Significant Damages
Given that medical malpractice claims often attract huge settlements, they are also among the most expensive to litigate. Such cases involve numerous witness and expert testimonies, hours of deposition, research, etc.
For this reason, it's always advisable to file a medical malpractice lawsuit only if it involves a significant amount of damages. Unfortunately, in some suits, the costs of pursuing the claim can be far greater than the actual amount the plaintiff is eligible for compensation.
To file a successful claim, the plaintiff must demonstrate that they suffered severe injuries due to the medical malpractice. The injuries may be accompanied by hardships, unusual pain, loss of incoming, significant medical bills in the past, present, and future, and any other qualifying damages.
When You Need the Best Medical Malpractice Lawyer in Covington, Kentucky
You've probably come across many attorneys or law firms in Covington claiming to provide the best legal representation for victims of medical malpractice like you or your loved one. However, when it comes to medical malpractice claims, you need to work with an attorney or law firm with a proven track record.
Morgan & Morgan is the best law firm to call when you need to file a medical malpractice claim in Covington.
Proven Track Record
At Morgan & Morgan, we've helped individuals like you recover millions in compensation for medical malpractice claims. In 2021 alone, we helped one of our clients win $175,000 as settlement for a medical malpractice claim. Bear in mind that the initial pretrial offer for this case was $20.
Before that, we also helped our clients Russel and Deborah win $625,000 from a successful medical malpractice lawsuit. The initial pretrial offer for this claim was $125,000.
Unlimited Legal Resources
A law firm's legal resources often determine its capacity to handle a medical malpractice claim. This is because, as mentioned earlier, the litigation process for medical malpractice claims is expensive. In addition, the other party's insurance company and attorneys will definitely give you a rough time and won't back down even if there's sufficient evidence to prove negligence.
That's the most frustrating part of medical malpractice laws; your claim must tick all the right boxes to be eligible for compensation. That's why you need a law firm with enough legal resources to fight for your rights from the beginning until the final verdict.
At Morgan & Morgan, we have more than enough resources to fight for your rights, ensuring you receive the compensation you deserve. To put this into perspective, we have an army of over 800 attorneys all over the United States, including Kentucky. We are also the largest personal injury law firm in the country, and we don't stop until you receive what you're entitled to.
You need an attorney who specifically understands Kentucky medical malpractice laws. At Morgan & Morgan, we have recovered over $2 million in medical malpractice lawsuits alone. And with an army of over 800 attorneys, we'll always have an experienced medical malpractice lawyer in Covington, KY, on standby to represent you in and out of court.
Speaking of experience, we've been practicing personal injury law for over 30 years, having over $15 billion in settlements for different injury cases all over the US. So if you're looking for a law firm with a proven track record in winning claims and lawsuits, Morgan & Morgan is one phone call away.
Where Can I Find Morgan & Morgan Lawyers in Kentucky?
You'll find Morgan & Morgan lawyers in cities all over Kentucky, including Covington.
Covington aside, we have medical malpractice lawyers in:
Morgan & Morgan
What's the Statute of Limitations on Medical Malpractice in Kentucky?
In Kentucky, the statute of limitations for filing medical malpractice claims is one year after the patients discover, or should have discovered, that they've been injured due to a medical practitioner's negligence.
However, the statute of limitations changes when the claim or lawsuit involves a child. In that case, the clock 'pauses' and resumes when the child is at least 18 years old.
What Is the Certificate of Merit in Medical Malpractice Cases?
This law requires the plaintiff to submit evidence that they have enough reason to file a medical malpractice claim.
The evidence may be in the form of an affidavit stating that the plaintiff or their attorney has collaborated with an expert to review the facts of the case and concluded that there's enough reason to file a medical malpractice lawsuit.
Suppose the plaintiff could not obtain such a declaration. In that case, they must file a declaration stating that they or their attorney could not consult an expert before the expiration of the filing deadline. If approved, the plaintiff will be awarded 60 more days to file the Certificate of Merit.
The third option is a declaration that the plaintiff or their attorney could not obtain an expert consultation after three different attempts and with three different experts.
Lastly, it could be an affidavit stating that there will be no need for expert testimony to prove medical malpractice.
Contact Morgan & Morgan Medical Malpractice Lawyers
As noted earlier, medical malpractice cases are complex and require a lot of legal resources. Speaking to an experienced Morgan & Morgan medical malpractice attorney significantly improves your chances of obtaining a favorable outcome. Call us today at (859) 219-4529 to schedule a free, no-obligation case evaluation, or send us a message online to chat with one of our legal representatives.