Medical Malpractice

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Hans G. Poppe
Hans G. Poppe

Practice Area

Medical Malpractice

Helping Kentucky Residents obtain adequate reimbursement for the losses induced by the medical personnel

If you were injured by a health-care professional, a doctor, a nurse, a dentist, a technician or a hospital worker, it means that you might have a medical malpractice claim. These cases are commonly referred to as medical malpractice cases or medical negligence claims.

When a medical procedure causes death or injury, it is always devastating. If you were severly injured as a result of a medical mistake, please call us. Medical malpractice cases are always expensive to litigate. It is essential to realize that not all of the medical situations are the actual results of medical negligence and, not all medical mistakes cause injury. Unfortunately, a high percentage of cases that Hans investigates must be rejected for one reason or another.

If we determine that your case should be pursued, then rest assured – we will hire the best medical experts to testify on your behalf. Hans will shoulder all of the associated expenses during the pursuit of your case’s resolution and will only be reimbursed if your case was successfully resolved by jury verdict or settlement. Otherwise, you owe nothing.


There are four essential elements in a medical malpractice case:

Duty of Care: when you are treated in a medical facility it is usually conducted on a contractual basis, where you are the patient and the hospital is a provider. When this contract is established, a provider has several duties: posses medical knowledge, skills, care for the patient in accordance with knowledge and skills in a competent manner, and use medical judgment.

Breach of Duty: in this instance, the “breach”, stands for “breaking the contract”. A breach of duty occurs when the care is exercised in a manner not consistent with the standards of medical care. When handling such a case, and proving that a provider has breached his or her duty means showing what a reasonably experienced professional from the same area would have done in the same situation. Also, expert witnesses are needed to show the breach or deviation of the standard of care.

Injury: injury can be classified as one or more of the following: medical expenses, lost income/wages due to injury, inability to earn money, physical and emotional pain and suffering, loss of a loved one.

Proximate Cause: a factual (not a legal) cause of an injury. In case of an injury, when determining a cause, a substantial factor test applies. It is essential to determine if the evidence demonstrates that the results of misconduct could be reasonably foreseeable. An accepted principle is that in most cases testimony of an expert witness is required just because of the complicated nature of the case.

If one or more of these four rules were violated, then you have a medical malpractice case. We know that within this list, one element causes another. Breach of care that is caused by a proximate cause impairs the duty of care and ultimately causes an injury. Proving a factual cause is essential and key to your case.

We have an extensive knowledgebase and experience to handle your medical malpractice case. At The Poppe Law Firm we realize that if you were injured as a patient, you have suffered physically and emotionally, lost wages and possibly lost the ability to earn money.

Let Hans Poppe handle your Kentucky Medical Malpractice Case for the best resolution to your advantage and a fair compensation for your injuries.

Most common questions in my FAQ

  1. How long do I have to bring my medical malpractice case?
  2. I was injured by my doctor. Does Kentucky have a medical malpractice cap that will limit my recovery?
  3. My doctor made me sign a waiver before he operated on me, does this mean he can't be held liable for malpractice?
  1. This is always a complicated question. In Kentucky, the statute of limitations is one year from the date you knew or should have known of the negligence; however, if the case involves a death, it could be as long as two years. If the spouse is making a claim for loss of consortium, he or she only has one year to bring the claim, regardless of whether it involves a death. These dates are often difficult to determine with certainty; therefore, it is important to discuss your potential case with an attorney experienced in medical negligence litigation as soon as possible. If you are unsure, please contact our office.

  2. No. Unlike many states, Kentucky has not imposed a limit on your doctor’s liability. If you case is successful and the jury decides that you deserve to be compensated for your medical bills as well as pain and suffering, the state has not imposed an upper limit on your actual recovery. If you have been injured by a doctor’s negligence, call Hans Poppe today at 502-895-3400.

  3. No.  Most, if not all, doctors make their patients sign a "waiver" that explains the procedure and some of the risks and complications that might occur as a result of the operation.  But these waivers do not excuse a doctor's malpractice.  Regardless of whether you signed a waiver, your physician is still under an obligation to exercise the same degree of care in operating on you that any reasonable physician would.  If his performance during the surgery dips below the standard requried of him, he may still be liable for medical malpractice.

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