Surgeries are major procedures that require considerable care and technique. You would expect your surgeon to take many precautions and exercise standard care when operating on you. After all, surgical procedures can normally involve physical pain, emotional stress and high medical bills. However, reality is not so perfect: surgeries do not have a 100% success rate.
Complications can arise even when procedures go as planned. You may experience unexpected issues during or after a surgery. While not all complications stem from negligence, you have the right to understand when a post-operative problem might be legally actionable.
If you are considering a medical malpractice claim in Kentucky, it is important to know which legal processes apply to your case.
Complication or malpractice?
The first step in your claim is determining whether your complication is an inherent risk or the result of negligence. A “bad outcome” does not automatically mean malpractice occurred. Surgery can involve risks even when the surgeon and hospital do everything correctly.
To have a legal claim, you must generally prove that the healthcare provider breached the “standard of care.” A malpractice claim requires showing that failure to meet the standard directly caused an injury and resulted in damages. The key point is not the presence of the complication itself but whether your care fell below accepted standards.
There must be a clear connection between the substandard care and your complications.
Statute of limitations
Kentucky has one of the shortest windows in the country for filing a medical malpractice lawsuit. Under state law, you generally only have one year from the date the injury occurred or was discovered.
Because this timeline is so strict, it is vital to act quickly if you suspect negligence caused your complication. If you miss this deadline, you may lose your right to seek compensation forever.
Proceeding with your claim
In Kentucky, you cannot file your lawsuit based on simple suspicion. According to KRS 411.167, you must file a “Certificate of Merit” along with your initial complaint. This document confirms that a qualified medical professional has reviewed your records and confirmed a basis for your claim.
Because medical procedures are complex, Kentucky law requires evidence to determine if the doctor failed to meet the standard of care. Consider reaching out to a legal professional who specializes in medical malpractice and gathering your medical records.