We Stand Up For Victims Of Medical Malpractice

Medical Malpractice Attorneys In Lexington

“This didn’t have to happen.” That’s the singular truth that comes from every medical malpractice case. When you turn to a local hospital, clinic or independent physician for medical care, you are trusting them with your health and your future. After having this trust violated, it can be difficult to put the responsibility of seeking justice into the hands of an attorney.

At the law office of O’Brien Batten Kirtley & Coomer, PLLC, a personal injury law firm based in Lexington, Kentucky, we provide the victims of medical malpractice with aggressive representation, helping them secure the compensation they need and deserve.

The Kentucky Medical Malpractice Cases We Take On

We can help you explore your options for taking action against negligent medical providers in cases involving:

Birth injuries and trauma: Giving birth is one of the most stressful and dangerous experiences a person can go through. Any mistake injuring the mother or the child can be catastrophic.
Emergency room negligence: The emergency room is a hotbed of pressure and expectation, you must get help and get it fast. But fast help does not imply carelessness when lives are on the line.
Hospital negligence: Hospitals and all their staff have one job and one job only: help you get better. When the staff doesn’t follow through on that or when they stop paying attention, your health is the first casualty.
Failure to diagnose: You shouldn’t have to fight to get a correct diagnosis about your condition, especially when it could be cancer or a heart attack. The medical professionals you rely on must recognize symptoms before they get worse.
Misdiagnosis: Worse than symptoms being ignored, is getting treatment for the wrong conditions. If the data is there, your doctor should be capable of making the right diagnosis.
Surgical errors: A surgeon has to be extremely careful in doing an extremely risky job. Any loss of focus or concentration can exacerbate your injury or create a new one at your most vulnerable point.
Medication errors: Whether it is a pharmacist filling the wrong prescription or a doctor ordering the wrong thing, medication errors can cause you pain and suffering.
Fetal distress: A fetus is the most vulnerable stage of life. If your baby is in distress in utero, you want the medical team to recognize it and act accordingly, and if they can’t do that, they should be held accountable.
Neurosurgery injuries: Neurosurgery impacts your brain and nervous system: one of the most vulnerable, sensitive, complex systems in your body. If your surgeon makes an error, you may be paralyzed for life.

If you or a loved one has been hurt in a clinic or hospital, you need to know your rights. Most medical accidents can, and should, be prevented. We go above and beyond to ensure that clients understand all of their options, so that they can make informed decisions about what is best for them and their families.

Our dedicated lawyers work closely with clients, getting to know them and providing personalized advice and representation focused on their unique goals and concerns. Throughout the entire process, we remain available to answer your questions and discuss what comes next, so you are always up to date on developments in your case.

Frequently Asked Questions Regarding Medical Malpractice In Kentucky

Here are answers to common questions clients have when they come to our office with concerns about medical malpractice. For more information regarding your specific concern, please contact O’Brien Batten Kirtley & Coomer, PLLC, today to schedule a free initial consultation.

What is medical malpractice?

Medical malpractice is a cause of action for damages against a health care professional or hospital. For a medical malpractice claim to be successful, you must show that the health care provider owed you a duty, failed to exercise the skill or care of another health care provider in a similar situation, and you were injured as a result. The main difference between a medical malpractice claim and a general negligence claim is that an expert usually must testify to establish liability and cause in a medical malpractice case.

Can I still sue for medical malpractice in Kentucky if I signed a liability release form?

A waiver or consent form does not release a health care provider from liability in the event of negligence or deviance from the accepted standard of care in the medical field. If this were the case, doctors and hospitals would almost never be held liable for their oversights and mistakes because patients are required to sign a general consent form prior to being admitted to a hospital or undergoing an invasive procedure, except in emergency situations.

What should I do if I think medical malpractice has occurred?

If you suspect medical malpractice, talk to an experienced medical malpractice lawyer as soon as possible. Explain to the attorney exactly how the events you are concerned about occurred, and obtain your medical records so they can be reviewed by an expert in the medical field. You may want to transfer to another doctor or hospital if you are still in need of treatment or care.

How can I obtain my medical records?

As a patient, you have the legal right to obtain copies of your medical records by making a request, in writing, to the medical facility where you received treatment. In your request, include your exact, correctly spelled name at the time you received treatment, your social security number, your date of birth, and your patient number. Keep in mind that your patient number and your account number (printed on billing statements) may be different. You may need to make separate requests for records from different service providers, including the physician who treated you, the pharmacist who filled your prescription, and so on.

What is the timeframe to file a lawsuit for medical malpractice in Kentucky?

Medical negligence cases in Kentucky are governed by a statute of limitations. Any claim that is not filed prior to the expiration of the statute of limitations is forever barred.

The statute of limitations for a medical malpractice claim occurring in Kentucky depends upon a variety of factors, including the date of the negligence or injury, when the injury was discovered, the status of the patient (i.e. minor, under disability, or deceased), the status of defendant (i.e., private employee, federal public service employee), and, whether the patient continued treating with the negligent medical provider. In many cases, the statute of limitations is as short as one year from the date of the injury. Because determining the statute of limitations is complicated, it is important that you speak to an experienced attorney as soon as possible.

Where does O’Brien Batten Kirtley & Coomer, PLLC, work with clients?

We practice all over Kentucky, though we’re based in Lexington. We’ll come to you in the hospital, to your house, to your workplace, wherever you need us to. Our dedication is to you and to getting the help and care you deserve.

Contact Kentucky Malpractice Lawyers Today

To schedule a free initial consultation with an experienced Lexington medical negligence attorney, contact the law office of O’Brien Batten Kirtley & Coomer, PLLC, at 859-554-4727.