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Kentucky Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: My daughter was misdiagnosed as just being obese thus having a fat cyst when it was actually an 8cm tumor. Actionable?

She ended up having a part of her reproductive system removed as a result of this misdiagnosis from the surgeon but the time OBGYN caught it. We knew it was a tumor when we had the appointment from the ER, went there for a consult for surgery.

Joel Gary Selik
Joel Gary Selik
answered on Jan 22, 2024

It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: I need advise on where to look/how to proceed.

Here's what's going on with me. I've gotten multiple caudal injections inserted through the tailbone. When I moved to Kentucky I got a Caudal injection that was injected as a transforaminal/interlaminar injection. I experienced improvement for maybe a week and then more problems... View More

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Kentucky attorney could advise best, but your question remains open for a week. It sounds like you are trying to make a medical determination or diagnosis. This could be something that medical professionals could advise on, as what you describe appears to involve a medical opinion. Good luck

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On January 7, 2023 I had Emergency Bowl Obstruction Surgery. Now I have permanent damage and daily suffering.

On January 7, 2023 I had Emergency Bowl Obstruction Surgery. Since the surgery I have been hospitalized over 10 times, treated by several medical professionals in different hospital locations. I have permanent damage, scarring and daily suffering. After over 6 months I was finally diagnosed with... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 1, 2024

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced malpractice attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: What can I do about a nurse practitioner prescribing azithromycin for what they thought was a stomach parasite?

My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin.

Joel Gary Selik
Joel Gary Selik
answered on Dec 13, 2023

Where a health care provider

breaches the standard of care

and the breach causes harm, there may be a medical malpractice case.

Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider...
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Q: A sober living house has been filing claims for people that are no longer there.

I want to know how legal it is. Also the entity receiving the claims has changed it's name multiple times and I want to know how legal that is as well. I already submitted it to the state with my evidence.

Timothy Denison
Timothy Denison
answered on Sep 29, 2023

All sounds sketchy. Smacks of fraud any likely illegal!

1 Answer | Asked in Medical Malpractice and Health Care Law for Kentucky on
Q: My doctor cut me off of my xaxax's after being on them for 20 years.What can I do?
John Michael Frick
John Michael Frick
answered on May 22, 2023

You cannot force a doctor to continue to prescribe you a controlled substance. Xanax has a number of well-documented side effects including low blood pressure, abnormal liver function, weight gain, lethargy, and, in cases of addiction and overuse, coma or death.

You should ask your doctor...
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1 Answer | Asked in Medical Malpractice for Kentucky on
Q: Malpractice? My primary care could clearly see a large bulge in stomach and I asked about it...

Did nothing then year later a different dr. referred me to general surgeon who said I needed hernia surgery..got second opinion that showed on testing no hernia but I do have separation of stomach muscles. This affects me daily .She delayed me from getting testing for a year and then when I was... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

If the delay caused further harm, there may be a case. Another medical professional will have to review the case to see if the doctor acted below the standard of care.

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Medical Malpractice for Kentucky on
Q: Son is being hospitalized due to dental office "waiting" on insurance, they had received the information electronically.

I had taken him to a pediatric dentist, we have insurance. They needed to submit the claim to figure out cost, I have called and they told me they would call when they receive the information from the insurance company. This went on for awhile. We are currently sitting in Children's Hospital... View More

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

What is your question?

1 Answer | Asked in Medical Malpractice and Wrongful Death for Kentucky on
Q: How do I get an expert medical review done to start a medical malpractice case in KY.

I believe I have a medical malpractice suit but need to have a review done before I can move ahead however I'm not sure how to do so

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2023

Hire an attorney. If you do not have an attorney hire and communicate with the expert, your communications may not be privileged.

There are many ways to find experts, including searching online, past case investigation, expert services, nursing consultants, etc

1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: Can I sue for medical malpractice? What would I need to do to start the legal process?

In January my mother was admitted to the hospital for pneumonia and COPD exacerbation. After a couple of days, she seemed to be doing better and was no longer requiring the use of the BIPAP machine, which changed quickly, and we were never told why. We were told that she was end stage COPD they had... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

What you outline is a potential medical malpractice case. An expert medical doctor would have to review the records to determine if the doctors/hospital acted below the standard of care and if that malpractice led to her death. Additionally, you will have to discuss with attorneys whether, due to... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: I had to go back to the Dr to have a second biopsy done it was supposed to have been a punch biopsy. But he walks in the

Room scalpel in hand and starts cutting away no disinfectant no lidocaine didn't ask me if it was ok to do it that way. Now I'm having panic attacks when ever I go to the Dr. Was it legal for him to do it that way without letting me decide. He was aggrivated because me and my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. You could reach out to med mal attorneys in your state to try to arrange a free initial consult. If they felt that further review was warranted, they could discuss your file with a medical professional. Good luck

1 Answer | Asked in Contracts, Health Care Law and Medical Malpractice for Kentucky on
Q: Looking for lawyer against KY nursing board

I’m wondering who my options are for a lawyer would be in the Glasgow/Bowling Green area and specifically deals with nursing/malpractice or the Kentucky Board of Nursing.

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

Try David Cole or Alan Simpson in Bowling Green.

1 Answer | Asked in Employment Law, Medical Malpractice and Probate for Kentucky on
Q: Limited probation of nursing license

I am on limited probation in KY as an LPN. In my agreed order it mentions if I can’t meet the agreement terms I could put in writing that I wanted to surrender my license and it would only be for a period of 2 years then I could try to get them back. Is there a possibility that they wouldn’t... View More

Timothy Denison
Timothy Denison
answered on Apr 11, 2022

There is a real possibility that they might not let you back in. You should consult an attorney immediately before you do anything. In any event, I would not recommend surrendering your license.

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: Is there anyone besides lawyers that can help you get a misdiagnosed case to court?

If anyone is on medication for 8 years and didn’t need it, why doesn’t that speak for itself that it will harm your body.

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. Lawyers are generally the common option for help with med mal cases. You could check online if alternate resources are available, but many people do seek out lawyers for such matters. One of the reasons for this is... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: How can a doctor diagnose me with a chronic disease and give me medication daily for 8 years and not be liable.

Now he informs me that I don’t have Lupus but I am still sick and got several drs I have to see for medical issues. I know that taking medicine I shouldn’t of been taking has contributed to these issues. Nobody wants to help me with my case.

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 25, 2022

In order to file a medical malpractice action you must prove that your doctor committed an error and was negligent in doing so. Misdiagnosis is an error. Further that damage or injury was caused by the negligence. Causation and damages should be established via expert medical testimony. Be... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Small Claims for Kentucky on
Q: My almost 5 year old has tongue tie which has caused plenty of speech problems and 2 years of a iep and more

She was in and out of the hospital from birth to 6 months the doctors said she was not gaining weight even thoe she was fed every 2 hours. I had the doctors cause so many problems to the point that cps was called everything was unfounded but it's still the point of everything that has happened... View More

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2021

A Kentucky attorney could advise best, but your post remains open for five weeks. There wasn't a question included in your post, but it seems fairly clear that you're wondering about your legal rights relating to your infant's medical care. One option here would be to reach out to... View More

Q: Do i need to have someone look into a lawsuit i had then was dropped due to lawsuit open in different state i ever lived
Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

A Kentucky attorney could advise best, but your post remains open for a week. That's up to you and your decision, but what you are describing seems to be not just a change of venue, but state (where it's possible elements of both states' rules of civil procedure could apply - only... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: Can I sue for malpractice?

I got hurt back in February and the doctors kept telling me I was okay I went and got a bunch of mri’s through the course of February through the end of school before I left my campus and through the football season the doctor kept telling me I was okay so I had to keep playing football until the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2021

A lot depends on what was shown. It's possible that going into the MRI's you had a predisposing condition. following the additional playing, that might have been the tear, but the question is what was shown when. You may have a case, you may have a case against the school--a lawyer would... View More

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