Pursuing a medical malpractice case against a health care provider or facility isn’t easy. It isn’t meant to be. Many doctors who are genuinely doing their best can sometimes misdiagnose or fail to diagnose a patient. Things can go wrong that aren’t their fault.
Reckless error, negligence or incompetence, however, can have a devastating effect on a patient. Doctors who fail to uphold the expected standard of care can and should be held liable.
What does Kentucky law say?
In an effort to curb “frivolous” lawsuits, Kentucky, like many states, requires claimants to obtain a certificate of merit before filing a malpractice claim. This is an affidavit or declaration in which the plaintiff states that they’ve reviewed the case with someone “who is qualified to give expert testimony as to the standard of care or negligence and who the claimant or his or her counsel reasonably believes is knowledgeable in the relevant issues involved in the particular action, and has concluded on the basis of review and consultation that there is reasonable basis to commence the action….”
An exception can be made if the plaintiff can show that they’ve made at least three good faith efforts to consult with experts and been unable to obtain a consultation “so long as none of those contacted gave an opinion that there was no reasonable basis to commence the action.”
When is a certificate of merit not required?
There are some cases where a consultation with an expert who agrees that the claim is warranted isn’t necessary. One is when the nature of the accident or event in question automatically implies negligence. Another is in cases where a patient did not give informed consent.
The best place to start when someone believes they or a loved one has been the victim of medical malpractice is with experienced legal guidance. This can help victims or surviving family members navigate this often challenging area of the law to seek justice and compensation.