When a doctor, nurse, or other medical provider fails to meet the accepted standard of care, the results can leave a patient seriously injured, permanently disabled, or worse. If you or a loved one was harmed by medical negligence in Lexington or anywhere in Fayette County, the Lexington medical malpractice attorneys at Portner & Shure can help. We have handled complex personal injury claims across Kentucky for more than 30 years.
What Counts as Medical Malpractice in Lexington?
Lexington’s teaching hospitals and medical centers handle a heavy patient load, and even respected facilities can fall below the standard of care. Medical malpractice happens when a health care provider’s treatment falls below the accepted standard of care and that failure harms the patient. Because there is no simple written rule that defines the standard of care, these claims usually require a qualified medical expert in the same field to explain what a careful provider should have done and how the treatment fell short.
Common Types of Medical Malpractice Claims
Malpractice claims that hold up to scrutiny are usually based on serious errors that cause real harm. Common examples include:
- Failure to diagnose or a misdiagnosis
- Surgical errors, such as a wrong-site surgery or a foreign object left in the body
- Anesthesia errors
- Medication and prescription errors, including dangerous drug combinations
- Failure to obtain informed consent or to warn of known risks
- Birth injuries and delayed treatment
Damages in a Medical Malpractice Claim
Medical negligence often leads to painful, lasting injuries and expensive corrective care. Depending on the facts, you may be able to pursue compensation for past and future medical expenses, past and future lost wages, reduced earning capacity, and pain and suffering.
Proving Fault in a Kentucky Medical Malpractice Claim
These cases are among the most difficult in personal injury law. Proving a claim generally requires a qualified medical expert to explain the standard of care and how your provider’s treatment fell short. Kentucky follows a pure comparative fault rule, so if you are found partly at fault your recovery is reduced by your percentage of fault rather than barred entirely. That means you may still recover even when the hospital or its insurer tries to shift some blame onto you.
How Long Do I Have to File? Kentucky’s Statute of Limitations
In Kentucky, a medical malpractice lawsuit generally must be filed within one year of the date the injury was discovered or reasonably should have been discovered (KRS 413.140(1)(e) and the discovery rule in KRS 413.140(2)). Because the clock can turn on when the harm was or should have been found, it is important to get case-specific guidance quickly so records and evidence are preserved. Claims in Fayette County are generally pursued through the Fayette County Circuit Court.
How Our Lexington Medical Malpractice Attorneys Can Help
Hospitals and malpractice insurers defend these claims aggressively, and a single gap in the evidence can undo a case. You should not face them alone. Our team works with qualified medical experts to review your care, builds the record your claim needs, and pursues fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Lexington Medical Malpractice Attorneys Today
If you or a loved one was harmed by medical negligence in Lexington or anywhere in Fayette County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Lexington
- Lexington Car Accident Lawyers
- Lexington Truck Accident Lawyers
- Lexington Motorcycle Accident Lawyers
- Lexington Personal Injury Lawyers
- Lexington Wrongful Death Lawyers
- Lexington Premises Liability Lawyers
- Lexington Pedestrian Accident Lawyers
- Lexington Bicycle Accident Lawyers
- Lexington Dog Bite Lawyers
- Lexington Brain Injury Lawyers
- Lexington Spinal Cord Injury Lawyers
- Lexington Nursing Home Abuse Lawyers
- Lexington Bus Accident Lawyers
