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Lexington KY Medical Malpractice Law Blog

Nursing home neglect can be signaled by violations of rights

All nursing home residents have legal rights that help them avoid being the victim of any sort of elder abuse or neglect. For nursing home residents and their family members, becoming familiar with those rights is vital to ensure these rights aren't infringed upon. In some cases, a violation of these basic rights is an indication that the resident might become the victim of nursing home neglect or abuse.

One very important right is that residents can participate in their care planning. This means that they have the right to accept or refuse treatments as they desire. In no case can the resident be tied down or restrained unless it is necessary for them to receive treatment for their medical conditions. The improper use of restraints is a serious violation of residents' rights.

What causes a birth injury like cerebral palsy?

While there are many different birth injuries, one of the most common is cerebral palsy. Technically, it is possible for cerebral palsy to develop in a baby before it is born, but it has been found that various mistakes or complications that happen while the baby is being born can also lead to it. The following are some of the top reasons, which are important to know for anyone in Kentucky who believes that their child was injured during birth.

The first reason why it could happen is if the baby does not get enough oxygen. This could be because the doctor who is assisting with the birth does not realize that the child is not getting enough. It sometimes happens during a caesarean section. It can also happen when there is a delay during the birth.

Holding a doctor liable for failure to diagnose cancer quickly

The only thing that is probably more frightening than finding out that you have cancer is finding out that you have cancer that has gone undetected by your doctor. Cancer is one of those conditions in which time is of the essence, so getting medical treatment fast is a huge factor in the success rate of the prescribed treatment.

After the initial shock of the delayed diagnosis wears off, you might decide that you want to hold the doctor accountable for not diagnosing you as early as possible despite your efforts to discover what was ailing you. At that point, you can opt to file a medical malpractice lawsuit for failure to diagnose cancer.

Update: Surgical error leading to penis amputation case rejected

When you are harmed by a doctor, you have the right to seek compensation from that doctor. It is important that you understand the laws governing medical malpractice lawsuits so you can ensure that your complaint complies with those.

A few weeks ago, we told our readers about a case in which a man alleged that his penis was amputated during a botched circumcision. That case has been tossed out by a judge because it didn't meet all of that state's laws. This update might interest our Kentucky readers since it highlights the very important point of ensuring compliance with the law.

Breech births in Kentucky bring high risk when done traditionally

There are dangers to babies who are born vaginally when they are in the breech position. Doing the procedure this way could lead, in some cases, to a birth injury or to other complications. Despite that, new reports have been indicating that vaginal birth is still being used in quite a lot of cases for breech babies.

For the sake of fairness, it has been shown that the numbers are down from what they were a decade and a half ago. At that time, a study indicated that a c-section would be safer for a breech baby, and more people are using this method today than they were then.

Failure to diagnose claims can be complex in Kentucky

Frequent readers of this blog have likely come across the term "failure to diagnose" while reading posts. While this term seems like it would be fairly straightforward, when it comes to medical malpractice cases, there are several considerations that must be taken into account about the term. This information might be helpful to those in Kentucky who think they have been affected by a doctor failing to diagnose an illness or injury.

A failure to diagnose medical malpractice claim can be difficult to prove in court. This is partially because the patient has to prove that the doctor could have diagnosed the condition but failed to do so in the generally accepted method of diagnosis and treatment. In most cases, proving the failure to diagnose can be done through the use of medical experts.

Kentucky woman sues after sponges left in her leg after surgery

Going to a plastic surgeon is usually done when you want to improve the way you look or to take care of other visual issues, such as scars. What people don't expect when they go to see a plastic surgeon is that they will end up in worse shape after their procedures than they were in before they had the procedure done. One woman who sought the help of a plastic surgeon last year has opted to file a medical malpractice lawsuit after some interesting findings after her procedure.

The patient had a debridement and skin graft done by the surgeon. After the procedure, the woman continued to have pain that didn't decrease. The month after the procedure, the woman had an ultrasound on her left thigh. It was then discovered that sponges were left in her leg.

Surgical error leads to amputation instead of circumcision

Can you imagine going into an operating room thinking that you are only having a fairly simple procedure and then finding out when you come out that the surgeon amputated part of your body? That horrifying scenario is exactly what one man is dealing with right now. Kentucky residents might want to know what happened during surgery to this man.

The man went into the operating room to be circumcised. Instead of the surgeon doing that fairly simple operation, the doctor amputated the man's penis. This man is now having to learn to live without this vital part of his anatomy because of this surgical error.

Hospital negligence claims made against Kentucky hospital

With all the stories about the problems with the Veterans Affairs medical centers providing less than stellar care for veterans, people might wonder when the horror stories are going to stop being the focus of the news. Some Kentucky residents might be wondering if the VA centers in the area are affected by the problems. One family says that the Lexington VA Hospital was responsible for making their father's quality of life go downhill.

In January of 2011, the man started having pain while urinating and difficulty urinating. After finally being admitted to the VA hospital, the man was diagnosed with prostate cancer. That diagnosis was incorrect, according to his family. They also say that he was denied a second opinion. His daughter says that a band used to signal a do not resuscitate order was placed on his arm but that he didn't give permission for that.

Failure to diagnose an infection leads to lawsuit

Strep infections are serious infections that require immediate treatment because of how quickly they can spread. If these infections aren't properly diagnosed in a timely manner and treated accordingly, the infection can get so bad that it can negatively affect a person's body. Kentucky residents might be interested to read about a case of staph that went undiagnosed for so long that a woman had to have her limbs amputated.

This woman's nightmare started in 2011 when the infection went undetected. Because of the failure to diagnose, the woman ended up having to get her arms and legs amputated.