How Hard is it to Prove Medical Malpractice in Kentucky?

What is Medical Malpractice?

Medical malpractice is often thought of as a medical professional’s negligence in providing appropriate treatment, taking appropriate action, or giving sub-standard treatment that cause injury or death to a patient or person.

When a patient is neglected, given improper treatment, or inappropriate treatment, medical professionals can be liable for the injuries that patient sustains.

What Four Elements Do You Need to Prove Medical Malpractice?

The [tooltip term=”burden of proof”] lies on the plaintiff, or the patient suing for medical malpractice. In every case of medical malpractice in the United States, patients must prove the following:

1. Existence of a legal duty on the part of the doctor to provide care or treatment
2. A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession
3. A causal relationship between such breach of duty and injury to the patient (otherwise known as causation)
4. the Existence of damages that flow from the injury to such that the legal system can provide redress

But what does all of this mean? In the United States, the patient or person alleging medical malpractice must show that the medical professional they’re suing had a responsibility to their patient, they didn’t fulfill that responsibility, which caused injury to the patient, and damages were incurred because of it.

What Evidence Can Support a Medical Malpractice Claim?

In Kentucky, if you are claiming medical malpractice, there are a lot of items you can use to support your claim. These include medical records, eyewitness statements, hospital activity logs, images or video, and medical bills.

While it can be difficult to obtain some of this information, having a personal injury attorney that understands medical malpractice laws can be a great first step in getting all of the evidence for your case compiled and analyzed to tell the story of your injury and the damages you incurred due to your injury.

Are Medical Malpractice Lawsuits Hard to Win?

In the United States, most medical malpractice cases that go to trial end with the defendant (or the medical professional) winning the case. If you don’t have a medical malpractice legal team that understands how to build a case and examine evidence properly, you may find that it is difficult to win a medical malpractice lawsuit. This doesn’t mean you don’t have a case, or you should “give up” on your case, it simply means that there are protections in place for medical professionals, and it’s essential to prove all four elements of a malpractice lawsuit in order to get the compensation you deserve.

Has Hughes & Coleman Handled Medical Malpractice Cases in Kentucky?

Yes! Hughes & Coleman has handled many medical malpractice cases in which victims of substandard care from medical professionals were deeply impacted. We have a team of professional investigators who can help collect documents, examine evidence, and connect a breach of duty to your current damages.

If you’ve been injured due to a medical professional’s negligence, contact Hughes & Coleman today for a free case evaluation 800-800-4600.