Medical Mistake Injuries
At Kinner & Patton, the attorneys take a different approach
to medical negligence claims. In virtually every case (with very
few exceptions), an expert witness will be necessary for you to present
your claims to a jury. That expert must have the opinion that the
doctor in your case “deviated from accepted standards of care” in your
treatment. In other words, the expert must have the opinion that
your physician was negligent in your treatment.
Our attorneys take in medical negligence cases purely as
investigations. We do so with the intention of obtaining an
independent expert opinion from a doctor on the care you
received. Since you have to have the expert witness to prevail at
trial, we believe obtaining the opinion of an expert before the case is
filed allows a case to be better prepared and the client will know from
the beginning whether he or she has a case. If the expert does
find negligence, we pursue the claim to the end. If not, we will
close our file and allow the client to pursue a second opinion from
another lawyer. We believe this approach provides the best and
most efficient investigation for the client and reduces the amount of
frivolous lawsuits that are filed in Kentucky.
Because of the time needed at the forefront of the case for
investigation, it is crucial you contact us as soon as possible.
With a few exceptions, the statute of limitations for medical
negligence cases in Kentucky is one year from the date of injury.
Therefore, do not waste time in seeking counsel from a lawyer on the
merits of your claim.
What To Do If You Suspect Your Doctor Has Committed a Medical Mistake
In sum, the investigation is critical for your case. There are
things you can do to make the investigation more fruitful and
faster. As a general service to the public, we offer the
following general advice on what you should do when you suspect your
doctor has committed a medical mistake.
Ask the Physician
If you believe that a medical mistake has been made in your care, ask
the physician point blank what happened. Do not assume just because you
are the patient and he or she is the doctor that you are limited in
what you are entitled to know or ask. The doctor has an ethical duty to
respond to you truthfully. If the doctor hedges in his or her response,
follow up the question until you receive a satisfactory response. You
have a right to an explanation of the treatment and care received as
well as a right to be properly informed of the risks versus benefits of
any procedure in advance of care. Any conversations with a treating
doctor who commits malpractice can be used as an admission by the
defendant doctor which can later prove useful for direct or cross
examination in deposition and/or trial.
Get a Complete Copy of Your Medical Chart As Soon As Possible
Immediately retain a complete copy of your entire medical chart.
Confirm at the time you pick the records up that it is a complete copy
of your records and demand certification or an affidavit from the
records custodian that nothing has been omitted or removed from the
chart. Most states have a statutory requirement enabling patients to
receive a complete copy of their medical records within a reasonable
time after request. In some states a statutory fee may be required in
order to get the records however, the sooner you obtain your records
the less likely there is to be any unauthorized alteration or redaction
by the doctor or hospital, which would help them in defeating your
subsequent claims.
Make Notes of What Happened
Keep a journal of names and dates to assist in recall of the facts and
circumstances surrounding the care and resulting injury. Hospitals will
invoke every privilege and delay tactic in providing you relevant
information including, the names of witnesses such as hospital
roommates, nurses on call, orderlies, etc. If you have these names
documented, you will level the playing field, and eliminate the
hospital’s ability to hide witnesses and relevant facts.
Take Photographs of Your Injury
Obtain photographic or video documentation of any visible consequences
of the care provided. The easiest way to impress upon a jury the
severity of a medical mistake is to give them the opportunity to see
for themselves what resulted from the negligence. Unfortunately, by the
time a case is prepared and ready for trial, the visible effects of an
injury have often improved or been subsequently repaired.
Contact an Experienced Personal Injury Lawyer
Immediately find and retain a lawyer that is qualified to investigate
and pursue your claim. Confirm that the lawyer has tried a medical
negligence case to a jury verdict. Interview your lawyer and make sure
you are comfortable with his or her demeanor and ethics. Look for a
lawyer that tells it like it is rather than someone that tells you what
you want to hear. Over the course of your representation this lawyer
will need to walk in your shoes coming to know you and your background
as well as any close relative and acting not only as your
representative but serving as a friend. The choice is an important one.
Pursuing a medical malpractice claim is never easy. Lawyers will
advance thousands if not hundreds of thousands of dollars in pursuit of
litigation on behalf of their clients in a medical negligence action.
Doctors who are named as defendants allow their egos to interfere with
just resolutions often forcing cases that should be settled into trial.
Clients must prepare themselves, their families and loved ones for an
emotionally draining battle which can last for years before a
resolution can be obtained. Clients must know that statistically, it is
an uphill battle to obtain a victory and the true satisfaction that is
redeemed by such an award, but by pursuing their claims victims of
malpractice speak