Kentucky medical negligence attorney Steve Frederick has significant experience helping families adjust and cope with tragedy resulting from medical malpractice.

adapted from "Medical Malpractice in Kentucky" by Carl Frederick, L. Smith Publishers, Nashville, TN

Although claims for medical errors are commonly referred to as "Malpractice", they are really claims of simple negligence. Just as drivers of automobiles must be careful and obey traffic signals, Doctors and other medical professionals must avoid running "medical stop signs".

The elements of Negligence: Duty, Breach, Causation and Damages, establish the framework within which the plaintiff's attorney must function.

In any civil case, the burden of proving each of these elements falls on the plaintiff. If the plaintiff fails to present sufficient evidence to prove each and every element, her case fails.

EXISTENCE OF A DUTY

Although the claim is for negligence, the duty owed in a medical malpractice case arises from the contract between the doctor (or hospital) and the patient.

The existence of a duty is the least commonly contested element in the area of medical malpractice litigation. Once the physician-patient relationship is established, the physician owes a duty to the patient.

DEFINING THE DUTY

In Kentucky, the law provides that the duty owed is: to provide that degree of skill, care and knowledge required of a reasonably competent practitioner engaged in the same medical specialty under circumstances similar to those existing at the time and in the place where the plaintiff contends malpractice occurred.

In layman's terms, the doctor must be competent (have good knowledge and skill), and must make reasonable decisions based on that knowledge. In most instances, establishing what is required of a "reasonably competent practitioner" requires expert testimony. It is therefore necessary to consult with a doctor (or nurse, etc...) and the medical literature to define the specific duty in any given case.

BREACH OF THE DUTY/CAUSATION

Once again, establishing whether the duty was breached usually requires expert testimony. The plaintiff's expert must review the medical records to determine whether a mistake was made, and if so, whether the mistake caused some damage.

This is the most hotly contested area in the vast majority of cases. People are injured or die every day while under a doctor's care, often times when no mistake is made. It is also possible that a doctor takes completely inappropriate action in the treatment of a patient, but no damage is done. The patient will not have a valid medical negligence claim in either of these cases.

However, when a doctor (or nurse, etc...) makes an error and damage results, they can be held responsible.

If you or a loved one has been injured, contact us online or call us at 877-KYJUSTICE to set up a FREE consultation to discuss your legal options.