Medical Negligence

Medical NegligenceMedical Negligence

Understanding Medical Negligence. If you or a loved one have been the victim of medical malpractice due to a preventable medical error, contact the Ellis Law Group, PLLC today for a 100% free consultation.  If we think you have a case, you do not pay us anything unless we win.  And it is important to act fast.  In Kentucky, your claim could expire after one-year from the date of the injury.

Preventable Medical Errors Are An Epidemic, and the Third Leading Cause of Death In America

A recent study from researchers at Johns Hopkins University found that medical errors are now the third leading cause of death, behind only cancer and heart disease.  In their estimate, over 251,454 people die each year from preventable medical errors.   This research follows a landmark study in 1999 from the Institute of Medicine that found that preventable medical errors were an “epidemic.”  The study categorized medical errors as falling into four primary categories:
  • Diagnostic errors:  The healthcare professionals failed to properly diagnose the medical condition, often involving a failure to perform necessary tests, review relevant medical history, or failure to monitor a medical condition
  • Treatment Errors and Performance Errors: The healthcare professionals negligently performed the operation or procedure, negligently administered the treatment or medication, or engaged in an avoidable and negligent delay in administering the necessary treatment or tests.
  • Preventative Errors:  The healthcare professionals negligently failed to identify known or potential complications as a result of the treatment provided, and take necessary and prompt action to prevent further injury.
  • Systemic Quality and Equipment Failures:  The facility where the healthcare professional provided services had defective or outdated equipment, or failed to install adequate safety and quality controls to ensure patient safety.
Medical providers and doctors save millions of lives each year.  But when they make a preventable medical error due to their negligence or the negligence of the facility where they are practicing, the law provides that the injured party has a right to recover compensation for their injuries.  Research shows that only five percent of doctors are responsible for nearly half of Kentucky’s medical malpractice claims, and cost the Commonwealth of Kentucky over $244 million dollars each year. If you or a loved one have suffered an injury that you believe could have occurred because of medical negligence, Contact the Ellis Law Group, PLLC today to evaluate your claim and protect your rights.

Types of Claims We Handle

We handle a wide variety of medical negligence claims.  A representative sample of some of the claims we consider are:
  • Emergency room errors
  • Hospital errors
  • Nursing errors
  • Failure to diagnose Hirschsprung’s disease or bowel obstructions
  • Failure to diagnose breast cancer
  • Failure to diagnose lung cancer
  • Failure to diagnose colon cancer
  • Failure to diagnose cancer
  • Failure to diagnose a heart attack
  • Failure to diagnose pulmonary embolism
  • Failure to diagnose stroke
  • Failure of physician to refer to specialists
  • Failure to diagnose blood clots or other more severe injuries wrongly diagnosed as minor bone fractures or sprains
  • Failure to diagnose birth conditions and prenatal injuries
  • Failure to diagnose acute infections
  • Birth trauma and injures occurring during the delivery of a newborn, including Shoulder Dystocia, Erb’s Palsy, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and failure to perform a C-Section
  • Gastric Bypass surgical errors
  • Surgical errors and wrong site surgeries, including nerve damage, artery damage, and organ damage due to negligently performed surgeries
  • Anasthesia errors
  • Prescription errors, wrong doses, wrong medications, and improper prescription monitoring
  • Psychiatric malpractice, including failure to treat mental health conditions and suicide risks
  • Surgical malpractice and performance errors
  • Failure to diagnose and treat infections
  • VBAC
  • Wrongful credentialing
  • Nursing home neglect

Failure to Provide Informed Consent

Even in situations where there may not have been an error, we have heard from numerous clients and individuals that the doctor failed to tell them about the risks and dangers of the procedure or medication, and that had they been presented with alternative safer options, they would have chose those options.  In some cases, doctors and healthcare professionals might suggest what they are most comfortable with, and may not be aware of modern or safer alternative medical procedures that have developed and are well known by other professionals.  In a rare number of cases, doctors and healthcare professionals may direct patients towards procedures and services that are more financially lucrative for the providers. If you suffered a complication from a procedure and were not told about the potential risks and dangers of the treatment by your physician, contact us to determine if you have a claim.

Signs You May Have Experienced Medical Negligence

There are numerous factors that could lead to medical negligence.  Some of the common factors identified by patients and our investigations include:
  • Failure to listen to the patient
  • Failure to spend sufficient time with the patient to perform a full examination
  • Failure to clearly communicate with the patient and his family about the potential warning signs and dangers after a procedure
  • Failure of the healthcare professional to communicate with the other healthcare professionals
  • Failure to review all the medical records, including both internal historical medical records and medical records at other healthcare professionals
  • Failure to consider patient concerns about side effects and risks
  • Failure to believe the patient, and thinking the patient’s symptoms or reported issues are “crazy”
  • Failure to notify patients of important test results
  • Failure to refer to specialists
  • Worsening conditions after treatment
  • Lack of tests performed by your physician during and after patient
  • You had an adverse reaction to your medication
  • An unexpected and sudden death
  • An unexpectedly long surgery, that is substantially longer than expected

What You Need To Prove

In order to prove a medical negligence claim in Kentucky (and in most states), you need to prove three things:
  1. That you were a patient of the healthcare professional
  2. That the medical treatment provided was below the standard of care.  To prove this, you need a medical expert to testify on your behalf.
  3. That the negligent medical treatment caused your injuries
We at the Ellis Law Group, PLLC have experience proving these cases, and have a wide network of medical experts to review your case and determine if there was medical negligence that caused your injuries.

What You Can Recover

If there is medical negligence, you are entitled under the law to recover compensation for your damages.  These include:
  • Past medical expenses
  • Past lost wages
  • Future medical expenses and treatment expenses
  • Future lost wages and impairment on your ability to earn money
  • Future lost profits from lost business opportunities
  • Past pain
  • Future pain
  • Past mental suffering and anguish
  • Future mental suffering and anguish
  • Other special damages that are case dependent

Why You Need A Lawyer

We hear stories from our clients that make our heart break.  The patient went in for a routine procedure, and ended up permanently injured and facing a lifetime of pain.  The medical bills are mounting up, and the patient and the patient’s family are stressed and scared about what to do next.  We can help, and help clients like you every day. Issues concerning medical negligence are complex.  You need a lawyer who understands the inner workings of the medical system and can hold the negligent parties responsible. Contact the Ellis Law Group, PLLC to set up a 100% FREE CONSULTATION and see if you have a claim that would entitle you to recover compensation for your injuries or the injuries are a loved one.