Kentucky Medical Malpractice Attorney
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 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.
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.
Blog for Kentucky Medical Malpractice Attorney
Library for Kentucky Medical Malpractice Attorney:
- Poppe Law Firm, Watts Guerra, LLP, Tom Rhodes PC, and The Wilhoit Law Office filed suit against King's Daughter's Medical Center and Dr. Richard Paulus for performing unnecessary cardiac procedures. You can read the Complaint here. [PDF]
Robert Huron v King's Daughter Medical Center and Richard Paulus, M.D.
- Kentucky Lawyers File Suit Against Catholic Health Initative, Saint Joseph Health Care and Several London Physicians. [PDF]
- Complaint against Catholic Health Initiatives, Saint Joseph London, Anis Chalhoub MD, Satybrata Chatterjee MD, and Sandesh Patil MD for unnecessary stenting, heart catheterizations and other heart procedures. [PDF]
Complaint against Catholic Health Initiatives, Saint Joseph London, Anis Chalhoub MD, Satybrata Chatterjee MD, and Sandesh Patil MD for unnecessary stenting.
- Can't Wait For The Government To Pass Tort Reform in Your State? Here Is A Form You Can Sign That Voluntarily Opts Your Family Into Tort Reform. Is This What You Really Want? If So, Go Ahead And Sign It!! [PDF]
Lots of politicians and pundits argue that "tort reform" is needed in order to cut back on all of these "frivolous" medical malpractice lawsuits. I couldn't disagree more. But if you are one of those that agree with the short-sighted, narrow-minded insurance company driven agenda, there's no need to wait for the government to institute tort-reform, here is a legal document that you can sign and give to your health care provider voluntarily subjecting you to tort reform and limiting your legal rights.
- Healthcare Spending Greater in Northeast States
A study shows that per capita health care spending is greatest in the northeast states. These states are also the most densely populated with physicians, making health care more available. Kentucky is right on the national average for per capita spending.
- D.C. Government pays $650,000 to guardian of mental patient who gouged eyes out, going blind.
- A New York single mother had both breasts removed after a mix-up in a medical lab.
- Hospital Residents Still Overworked
Two new studies in the Journal of the American Medical Association have found that the ACGME's attempts to limit resident duty hours have done little to reduce patient mortality rates.
- 22% of Stroke Patients Told to Call Physician, Not 911
1 in 4 stroke patients recieve the wrong advice from hospitals about the best way to recieve treatment.
- The Flea's First Day of Trial [PDF]
A northeastern pediatrician is blogging about his own medical malpractice trial. He is known as the Flea. His blog was live until a day or two ago. Through the miracle of the waybackmachine.com we were able to find some of his posts.
Here, the Flea discusses the first day of trial (he has even drawn a cartoon of the plaintiff's attorney). What is most interesting is Flea's comment about what kind of juror he wants....
- The Flea's Tells Us About his Private Conversations with his Lawyer [PDF]
The Flea explains their trial strategy.
- Flea Explains "what juries care about." [PDF]
The Flea explains that "juries don't base their decisions on the medicine."
- The Flea reveals why he was sued. [PDF]
The Flea is a pediatrician who has been sued for malpractice. Here he outlines the plaintiff's complaint.
- Special Report Exposing the Myth around Medical Malpractice Insurance [PDF]
Are huge verdicts and settlements driving insurance rates so high doctors can't afford to practice? Not likely, this report says.
- Former Kentucky Doctor Facing More than 100 Lawsuits Moves Assets and Changes His Name.
A former Kentucky doctor is facing more than 100 lawsuits arising out of an 8-month stint at a West Virginia hospital.
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