When you visit a healthcare professional, you trust them to provide the care that will help you take a step toward recovery, not away from it. Unfortunately, that trust is broken when providers make preventable errors that can lead to harm. Even a momentary medical oversight can have devastating consequences, leaving patients with worsened conditions, emotional distress, and mounting financial burdens. Our medical negligence lawyers are here to help guide you through the legal process, fight for justice, and recover the compensation you deserve.
At McCoy & Sparks, we understand the pain and frustration that can come with a betrayal by a medical professional. If you or a family member has suffered because of a healthcare provider’s carelessness, you have the right to take action to hold them responsible.
Why You Need an Attorney for Medical Negligence
Under Kentucky law, patients have the right to hold a healthcare provider legally responsible for harm caused by their mistakes or oversights.
However, medical negligence cases can be complex, expensive, and emotionally taxing. Hospitals, insurance companies, and healthcare providers often have extensive resources to defend against claims. They may deny wrongdoing or attempt to minimize how much they have to pay. Without the support of qualified medical negligence lawyers, patients are often lost, overwhelmed, and at risk of having a claim against negligent providers fall flat.
A medical negligence lawyer’s knowledge and understanding are crucial for helping patients exercise their rights and ensure their voice is heard. Hiring an experienced attorney levels the playing field, giving you the best chance at obtaining justice and fair compensation.
What Is Medical Negligence?
Medical negligence happens when a healthcare provider fails to meet the accepted standards of care for a patient and causes harm as a result. A standard of care refers to the treatment a patient should expect from a competent, reasonable healthcare provider under the given circumstances. When a healthcare provider’s action or inaction breaks from this standard and a patient suffers harm, they risk legal liability for their negligence.
Many different healthcare professionals and institutions can engage in medical negligence. This includes:
- General practitioners,
- Surgeons,
- Nurses,
- Anesthesiologists,
- Pharmacists,
- Dentists,
- Lab technicians,
- Hospitals, and
- Nursing homes.
Importantly, not every negative medical outcome is grounds for a negligence claim. To have a legal claim, you must have credible evidence that a healthcare provider did something outside of the “standard of care” and that mistake directly caused harm. Consulting with experienced medical negligence lawyers is essential for determining whether you have a valid claim.
What Does Medical Negligence Look Like
Medical negligence can take many forms, from obvious errors to subtle oversights. Here are some general forms of negligence that we see:
- Misdiagnosis or delayed diagnosis—failing to recognize a condition in time, leading to delayed treatment and worse outcomes for a patient;
- Surgical mistakes—errors or preventable oversights during surgery, such as operating on the wrong site or leaving medical instruments inside the body;
- Medication errors—negative reactions caused by prescribing the wrong medication, administering the wrong dosage, or failing to check for allergies or potential drug interactions;
- Birth injuries—errors or oversights during pregnancy, childbirth, or post-natal care that harm a mother or infant; and
- Inadequate follow-up care—failing to provide proper post-treatment or continual care, leading to complications in an existing condition or a new injury.
If you’ve experienced any of these situations, it’s important to consult a medical negligence lawyer who can determine whether medical negligence occurred and help you take appropriate action. These are only a few examples of what negligence may look like.
What to Do If You Experience Medical Negligence
If you suspect you’ve been hurt by a healthcare professional’s negligence, it’s critical to take action to protect yourself. The following steps can help you safeguard your rights and potential legal claim.
Seek Alternate Medical Care
Get help from another medical professional who can address your immediate health concerns and potential new injuries. They can also evaluate your condition and assess whether negligence occurred. The new provider’s notes are often critically important in assessing the possibility of negligence.
Document Everything
Keep records of your medical treatments, diagnoses, and communications with healthcare providers. Make detailed notes about the incident that led to your injury, including dates, providers’ names, and other observations. Save copies of all expenses related to your medical care, including hospital bills, medication, rehabilitation costs, etc.
Avoid Direct Confrontation
Don’t accuse your healthcare provider of any wrongdoing. It’s natural to feel angry, but challenging a doctor directly before you have legal support can complicate your case.
Contact a Kentucky Medical Negligence Attorney
An experienced Kentucky medical negligence attorney for claims can assess your situation, explain your legal options, and help you exercise your rights before legal deadlines. Kentucky residents generally only have one year to take legal action in medical negligence claims but there are exceptions and circumstances that can delay the start of that clock. But don’t take chances, have the case reviewed as soon as possible. Waiting can mean losing potential compensation.
How Our Kentucky Medical Negligence Lawyers Can Help
Here are some of the services that a skilled medical negligence attorney can provide for injured patients:
- Evaluating your case. Our attorneys offer free, no-obligation case reviews to all potential clients. During this initial meeting, we will listen to your story, explain your rights, and identify your options under Kentucky law. We have an extremely talented nurse consultant on staff to help determine where to look and understand what actually happens inside a hospital setting.
- Investigating your injury. We will conduct a thorough investigation into the facts of your case and gather evidence to verify them. This includes gathering medical records, interviewing witnesses, and consulting credible medical experts.
- Presenting a case for negligence. Based on our collected evidence, we will develop a legal strategy to illustrate how your provider failed in their legal and professional duty and prepare to present it in court.
- Managing insurance companies. Our representatives will handle all communications with the healthcare provider’s insurer. We will document your claim properly and work to negotiate a fair settlement without unnecessary delays. Most medical negligence cases have to be filed as most medical insurers will not admit liability even when it is clear.
- Pursuing compensation. Your attorney will advocate for you to receive the maximum available financial recovery for the harm you suffered. Depending on your case, this could include compensation for past and future medical expenses, lost wages, reduced earning capacity, emotional distress, and potential punitive damages.
With a medical negligence lawyer from McCoy & Sparks, you’ll have the tools and support needed to hold providers accountable and secure the compensation you deserve. Plus, with our contingency fee policy, you owe us nothing for our services unless we win or settle your case.
Award-Winning Advocates Fighting for Your Recovery
At McCoy & Sparks, we understand the profound impact medical negligence can have on your health, finances, and peace of mind. As trusted legal professionals serving Kentucky for almost 30 years, we are committed to standing by your side and advocating for the justice you deserve.When you come to us for help, you gain access to a wealth of experience and insights acquired through decades of combined service. Our deep understanding of Kentucky’s negligence laws and connections to local medical experts ensure that we have the resources necessary to respond to your needs based on your situation. Most importantly, we are relentless in our pursuit of justice, ready to take on powerful hospitals and insurance companies to fight for your fair compensation. If you or a loved one has been affected by medical negligence, contact our office today to schedule your free consultation.