Some information you hope you never need to use and this usually refers to how to file a medical malpractice claim. If you’re using this information it probably means you’re the victim of a medical mistake.Â
Even though medical malpractice is a type of personal injury claim, the steps for filing are a little different. Whether you’re wondering about the key causes of anesthesia errors or if they justify filing a malpractice claim, we’re answering this and more.
Do All Medical Errors Justify a Malpractice Claim?
Sometimes a medical error is a simple mistake. This can even apply to anesthesia errors. For an error to qualify as a medical malpractice claim, the mistake must be one a reasonable healthcare provider wouldn’t make.
Since one person’s idea of reasonable behavior can differ from someone else, the law tends to look at what the average physician will do in the same situation. So, if the medical error is one a reasonable physician wouldn’t make, you may have grounds for filing a medical malpractice claim.
What Does Standard of Care Mean in a Medical Malpractice Claim?
The standard of care guidelines refers to the level of treatment and care provided by a reasonable healthcare provider. This is the standard used to help determine if a healthcare professional simply made a mistake or committed an egregious error.
To tell if a physician is violating their standard of care, look at what someone in the same field provides for their patients. This is usually what you should expect when you make an appointment with a healthcare provider.
However, remember the standard of care can vary depending on the medical field. For example, you expect a different level of care from a podiatrist than a heart surgeon.
Who Can I Hold Liable in a Medical Malpractice Claim?
When you think of medical malpractice claims, surgeons and physicians tend to come to mind as liable parties. While this is true, they’re not the only ones who can be named in a medical malpractice claim.
Your claim can name any type of healthcare provider including nurses, pharmacists, anesthesiologists, dentists, and chiropractors to name a few. Your claim can also name the facility as a defendant. Every malpractice claim is different and this affects who is liable for your damages.
For example, a surgeon may be liable for performing the wrong procedure on a patient but the hospital isn’t liable for your damages. If the hospital knowingly hired an inept surgeon, then the facility may also be included in your injury claim.
Since determining liability can be complicated, it’s usually a good idea to work with an experienced medical malpractice attorney.
Does Kentucky Cap Damage Amounts in Medical Malpractice Claims?
Some states have caps on damage amounts plaintiffs can receive in a medical malpractice claim. Other states don’t cap economic or non-economic damage amounts but have limits on punitive damage amounts.
While Ohio and West Virginia both cap medical malpractice claims filed in these states, Kentucky is different. The Bluegrass State currently doesn’t cap medical malpractice claim settlement amounts. This means you can receive the full value of your claim without worrying about the state limiting your compensation amount.
Can I Receive Punitive Damages in a KY Medical Malpractice Claim?
If gross negligence is a factor in your malpractice claim, you may be eligible to receive punitive damages. How much you receive in punitive damages is up to the judge or jury. This type of damage is only awarded in lawsuits and the medical error must meet the criteria for gross negligence.
Going back to the example of a surgeon performing the wrong procedure on a patient. This can be considered gross negligence since the error is especially egregious. Don’t forget what’s considered gross negligence in one claim may not apply to yours. Every situation and claim are different and this affects pretty much every aspect of the case.
Will Filing a Medical Malpractice Claim Cancel My Health Insurance?
Your health insurance shouldn’t be impacted by a medical malpractice claim. You’re not filing the claim with your insurance provider. This means even your monthly premiums shouldn’t increase.
With that being said, filing a malpractice claim can ruin your relationship with your healthcare provider, especially if they’re the liable party. Before you start worrying about potentially upsetting a healthcare provider, remember your injuries and other damages.Â
You may also want to consider if you want to run the risk of the individual committing another medical error. Filing a malpractice claim can help prevent another patient from going through the same trauma.
Who Can File a Wrongful Death Claim for Medical Malpractice?
Sadly, some medical mistakes can lead to death. An anesthesia error can be an example. If the unthinkable happens, who is eligible to file a wrongful death claim? Like most states, Kentucky has strict laws on who’s allowed to file a claim after the death of a loved one.
The surviving spouse can file a claim. If a spouse isn’t present, then the children of the deceased can contact a wrongful death attorney. Parents of the deceased can also file a claim if there isn’t a surviving spouse or children. After that, siblings of the deceased are allowed to start the claim process.
What happens if the deceased doesn’t have any close relatives? The executor of the deceased’s estate can step up. All financial awards go to the estate, minus the executor’s fees. The court can also appoint someone to file a claim. This usually happens if the deceased has minor children or hasn’t named an executor.
How Long Does It Take to Settle a Medical Malpractice Claim?
Your claim can take weeks, months, or even years to settle. There isn’t a set timeline. Some claims are more complex than others and this can extend the timeline.Â
However, you can take steps to help keep the legal process moving smoothly along. Retaining legal counsel can make it a little easier to recover compensation for your medical malpractice claim.
Image by Mohamed_Hassan from Pixabay
The editorial staff of Medical News Bulletin had no role in the preparation of this post. The views and opinions expressed in this post are those of the advertiser and do not reflect those of Medical News Bulletin. Medical News Bulletin does not accept liability for any loss or damages caused by the use of any products or services, nor do we endorse any products, services, or links in our Sponsored Articles.
