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Lexington KY Medical Malpractice Law Blog

Lack of cleanliness in nursing homes can be life threatening

Having to place your loved one in a nursing home is a difficult decision. While many people might look into how the residents are cared for, it is equally as important to scrutinize the food preparation methods used by nursing homes. Even if your loved one is going into an assisted living facility, it is important to ensure that proper methods are used for communal meals.

The fact of the matter is that senior citizens usually have weakened immune systems. That means that foodborne illnesses that wouldn't do much damage to other members of the population who have stronger immune systems can wreck havoc on a senior citizen. Death caused by infectious diarrheal disease is five times more likely in people over 74 years of age than in the age group ranked in second place. That shows just how serious simple foodborne illnesses can be for a senior citizen.

Medical negligence on cruise ships deserves firm representation

Last week, we discussed how the protections of medical professionals practicing on cruise ships might be changing. If you remember, those professionals were considered immune from lawsuits in the past, but a recent ruling says they can be held liable for medical malpractice lawsuits. Those who go on a cruise while vacationing away from Kentucky might wonder if this will apply to them.

The fact of the matter is that nobody seeks help from a medical professional with an expectation of being harmed. When you are on a cruise, you don't usually have a say in who will provide medical care for you. This means that you will get whatever care is available. If you were harmed by medical professionals while on a cruise, you might wonder if you have a medical malpractice case.

Changes coming for medical negligence in the cruise industry

Many people choose to take a cruise as a way to relax and unwind. Those people likely don't get on the cruise ship thinking that they want to get sick while they are underway. Still, cruise ships have medical facilities that can treat a host of ailments. From simple sea sickness to heart attacks, these medical facilities on board are the only option a passenger has while he or she is aboard a ship that is underway.

Historically, passengers had to just take it as it comes with health care aboard ships. When doctors were treating these passengers, either in port or while underway, the passenger generally couldn't hold the cruise ship's medical staff liable for damages. That is, if a passenger was a victim of medical malpractice on a cruise ship, he or she had little to no recourse.

Is uterine rupture a serious birth injury?

For women who go into labor, dreams of a perfect delivery with no complications are likely at the front of their minds. While most deliveries do go as planned, there are some very important dangers that pregnant women should be aware of. One of these risks is that of a uterine rupture. Our Kentucky readers might like to know more about this life-threatening risk.

What is a uterine rupture?

What happens when a birth injury leads to a mother's death?

When a woman gets pregnant, she likely spends a lot of time envisioning the birth of her child. She likely has an idea of how she wants the labor and delivery to go. She probably hasn't ever considered that some women die during labor or delivery. Sadly, that is what happens in some cases. The baby's father and other family members are then left to pick up the pieces and raise a baby without the mother around. For those families, compensation for the mother's death might bring them some comfort even though it won't fill the void of a child growing up motherless.

A family who opts to bring a wrongful death lawsuit against medical professionals when a mother dies while giving birth or shortly after will have to show that medical negligence, misconduct or recklessness led to the death. Scrutinizing medical records, including those from the labor and delivery, is usually necessary to prove this point.

Failure to diagnose cancer can be devastating

We have often discussed cases involving patients who have suffered because doctors don't make an accurate diagnosis. What some people might not realize is that there are some cases in which an accurate and prompt diagnosis can mean the difference between life and death. One such instance is when a patient has cancer.

We understand that being diagnosed with cancer is something that is a horrible experience for any patient; however, being diagnosed with cancer after it has advanced considerably is even worse. When that delay comes because a doctor didn't recognize the symptoms of the cancer, it is often even more difficult.

Failure to diagnose a heart attack can be devastating

By now, our readers probably know that we believe that all patients deserve to get an accurate diagnosis when they go to a doctor. When doctors misdiagnose a patient, the patient might suffer serious injuries. One such instance that our Kentucky residents might be interested in is if a doctor doesn't properly diagnose a heart attack in a patient.

When a patient is having a heart attack, there is a 90-minute window that doctors consider the optimal time to reopen the blocked artery. This very short window means that doctors can't waste time making a diagnosis of a heart attack. Every minute the patient goes without the life-saving procedure necessary to open up the artery can spell devastation for the patient. Damage to the delicate heart muscle is one of the possible injuries a patient might suffer if a doctor lollygags in making the diagnosis.

How are women protected from birth injuries?

A woman who has a baby goes through a lot of changes during labor and delivery. There are serious risks associated with labor and delivery that most women are well aware of. Our readers in California might be interested in learning about how the Newborns' and Mothers' Health Protection Act serves to protect new mothers and newborns from potential harm.

What does the NMHPA do?

Ward of the state files claim based on nursing home neglect

Kentucky residents might have been shocked to hear of arrests made in regards to nursing home neglect and abuse a month ago. As shocking as that was, it was a good reminder for anyone with a family member in a nursing home to keep a watchful eye on what is going on. In the most recent development for the case that led to those three arrests, the patient has filed a lawsuit against the Genesis HealthCare's Edmonson Center.

The 82-year-old woman is a ward of the state. Her complaint against the nursing home seeks compensation for mental anguish, medical expenses, punitive damages, physical pain and suffering and emotional distress. The woman, who still lives at the home, was subjected to mental and physical abuse, according to her complaint.

Take a stand against nursing home neglect and abuse in Kentucky

If you have been following our blog, you know that we don't believe that people in nursing homes should be neglected or abused. In last week's post, we discussed the elements of a nursing home neglect case. After reading that post, you probably noticed that there are some very specific considerations for people who are filing lawsuits for nursing home neglect or nursing home abuse in Kentucky. Ensuring that those all elements of a nursing home neglect or abuse case are presented properly can be difficult.

We know how difficult it is for you to learn that your loved one hasn't been treated properly by the very people charged with his or her care. Whether your loved one was subjected to obvious mistreatment like physical abuse or less obvious mistreatment like malnutrition, it is important that you know that you can make a firm stand against those responsible.