Medical malpractice is the reckless and negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other HEALTH CARE professional. The predominant theory of liability regarding medical malpractice is negligence making this type of litigation part of Tort Law.
Although medical treatment for your injury or illness is usually successful, trained medical staff can make mistakes, so in the event you have suffered a serious injury due to medical negligence, contact the Shunnarah Law Firm for your Medical Malpractice Lawyer. You will receive an experienced and aggressive litigator, and an accomplished negotiator for your Medicial Malpractice case.
Potential Cases Involve:
-Wrong Diagnosis (Misdiagnosis)
-Improper or Delayed Treatment:
Other Medical Providers May Be Liable
Hospital employees such as nurses can also be held responsible for negligence and the hospital itself may be held liable under the doctrine of respondeat superior. The hospital can be held responsible for an employee’s negligence if the employee is acting within the scope of their employment at the time the negligence occurred. To the plaintiff this liability is very important in a medical malpractice case because it insures that the plaintiff can recover money damages from a responsible party.
Generally the theory of recovery used in medical malpractice cases is negligence whereby the medical professional was negligent and violated the standard of care for his patient. There are four elements to a negligence claim: (1) duty of care owed by the physician; (2) the physician’s violation of the standard of care; (3) injury; and (4) the injury was proximately caused by the negligent conduct.
To show that the doctor violated the standard of care owed to the patient, expert testimony is necessary. The plaintiff must have on his or her side, a medical expert qualified in the same area of medicine as the defendant who is able to testify that there was a deviation of standard of care to the patient.
An additional theory of recovery commonly used by plaintiffs in a medical malpractice case is the failure of the medical provider to obtain the patient's informed consent in relationship to the procedure or treatment given causing a cause of action for battery. Generally informed consent essentially means that the medical provider must inform the patient of the potential benefits, risks, and alternatives of any treatment, medical procedure, or surgery and must obtain the patients written consent to proceed.
In a small number of cases doctors do promise results and if the patient is not satisfied that they have obtained the results promised they may file a claim for violation of the contract or violation of the warranty. In addition patients may proceed under a theory of Res Ipsa Loquitur when a patient may not know what caused the injury but since the doctor was in control of the treatment, surgery or procedure, the burden is transferred to the doctor to show that he did not violate the standard of care.
LIMITATION OF ACTION
In Kentucky, the general rule is that the Statute of Limitations requires a lawsuit for Medical Malpractice claims be brought within one year from the time of the negligent act or omission. There are exceptions to the rule for example the one year period may be extended if the negligence was not immediately discovered or if the person injured was a minor. It is essential that you contact the Shunnarah Injury Law Firm within that time period or you may be barred from filing your claim.
Indiana also has a one year statute of limitations for an Medical Malpractice claims. but there are also several important exceptions. For example Indiana also follows the time of discovery rule, the minor rule, but also has the Governmental entity rule which states if a “Governmental Entity” is involved a claim must be filed within 180 days.
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