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Kentucky Medical Malpractice Questions & Answers
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

1 Answer | Asked in Consumer Law, Criminal Law, Health Care Law and Medical Malpractice for Kentucky on
Q: Tier 1 hospital billing as tier 2

I am a baptist health employee, I have the premier health plan through baptist which I pay the premium on. I am having surgery at this hospital, which is baptist owned. I was called with my estimate, it is double my tier 1 out of pocket max. After contacting the insurance company, I found out that... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 17, 2021

I don’t immediately see any criminal law issues for your question. That sounds like a health insurance billing issue. You could try contacting someone with the Department of insurance In your home state.

1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: Question on a malpractice claim for a double stroke post-surgery service-connected injury date February 5th 2018

Facts my father had a TBI affecting his brain patient patient was unaware of what was even going on the whole time I believe law states you have a year and also I'm assuming from the time you knew of incident which is a malpractice lawsuit claim that I am pursuing in the state of Kentucky... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2020

Only a Kentucky attorney could advise on statutes of limitations, as they are governed by state law. However, you await a response for three weeks. At this point, reach out to Kentucky attorneys to discuss. Most attorneys who handle such cases offer free initial consults. As a GENERAL matter, some... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: What can I do about a medical test that showed I had something wrong being kept from me for 5 years

It cause misdiagnosis and surgery that may not have been needed. Went without medicine for 5 1/2 years because I was not told about the test results. Cost me employment and many other things wrong with their system. Is there anything I can do?

Matt Schalk
Matt Schalk
answered on Oct 13, 2020

It sounds like a failure to treat type of medical malpractice case. The obvious problem would be a statute of limitations issue. You need to contact a medical malpractice attorney immediately.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: Child attempted suicide after notifying multiple counselors and social workers of his intent. Was it a near fatality?

When my husband was 16 and was dealing with a very chaotic family life which caused his severe depression, his caregiver put him in a mental hospital where he was told to notify staff of any suicidal thoughts. Prior to and on the day of the discharge, he repeatedly told the staff that he... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2020

The statute of limitations is one year from date of incident. Statute has long since run.

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: Had my grandmother in er and the whole time the alarm went off due to high bloodpressure.

Case Description

Had my grandmother in er and the whole time the alarm went off due to high bloodpressure. I took some pictures and video of the monitor. She had had strokes in the past when it was 225/103 I went and got the nurse and was told it's ok shes in the best place she could... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2020

It's difficult to say if they could be held liable. Your best option would probably be to try to arrange an initial consult with a Kentucky med mal attorney. Even if by textbook principles, you COULD demonstrate they are liable, health issues with elderly patients can sometimes present... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Kentucky on
Q: Could I file medical malpractice

On 1-1-20 my dad fell and broke his neck, he was taken to uofl hospital in Louisville, KY. Drs and nurses were told my dad was allergic to dilauted pain medicine, it's also stated on paperwork from Shelby Co EMS. There's other things done inappropriately to my dad also. He passed away... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 30, 2020

You need to contact a member of the Ky. Trial Lawyers Assn in Louisville who handles malpractice. They give free consults. Without seeing the entire medical record they won't be able to tell you.

1 Answer | Asked in Contracts and Medical Malpractice for Kentucky on
Q: I need out of a contract that I signed with what was portrayed as a cosmetic surgeon

I was seeing a cosmetic/plastic surgeon in Lexington KY. I recently found out that this person is in fact not a surgeon or even a doctor. I want to cancel my membership with this facility as I do not feel safe seeing this person and I was lied to.

Timothy Denison
Timothy Denison
answered on Oct 9, 2019

Notify them in writing of cancellation and fo not make any more payments.

1 Answer | Asked in Civil Litigation, Medical Malpractice, Criminal Law and Health Care Law for Kentucky on
Q: How can I make my doctors office amend my medical chart?

I have repeatedly asked for an incorrect diagnosis to be corrected in my chart and the doctors office is ignoring me. I even filed a complaint with the Office for Civil Rights and the doctors office has still not responded to me. Can I get a court order or get an attorney help me and possibly get... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2019

You’ll need an attorney to help you bc you will probably have to file suit. It is doubtful that you will get them to pay your attorney fees.

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: If a radiologist overlooks cancer on a mri twice is that malpractice

I just found out I had a tumor on my kidney and had removed radiologist overlooked it twice

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2019

This question looks familiar, if the matter involved a lumbar series diagnostic imaging. An attorney would need to request the MRI films and accompanying reports and review them with medical experts. The question is straightforward, but the answer could be complex because of factors jurors would be... View More

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: If a radiologist reads a lumbar mri and overlooks a mass on kidney twice is this malpractice
Tim Akpinar
Tim Akpinar
answered on Jul 20, 2019

An attorney would not be able to make a determination based on these facts alone. If you consulted with a Kentucky med mal attorney, they would likely want to request the MRI films and accompanying reports and review them with radiologists. While it could seem like a simple question, jurors in such... View More

3 Answers | Asked in Medical Malpractice for Kentucky on
Q: What is considered medical negligence? How about missing medical records?

Motor vehicle accident. Taken to ER. Xrays given. Told only contusions. Told to make orthopedic appt. At appt was told my arm was fractured. I was placed in a cast. Time went by and i went bac kto ortho who did another xray and said yes it was still fractured. Then when i was still complaining... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2019

Best to get s copy of your records and xrays and take them to a new orthopedic doctor in Louisville or Lexington and get a fresh read and review on the entire situation.

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1 Answer | Asked in Medical Malpractice for Kentucky on
Q: I am wondering if you can recommend a medical expert for a case
Tim Akpinar
Tim Akpinar
answered on Feb 11, 2019

You could conduct a few basic internet searches for medical experts in your state. If you've already retained an attorney, you could also check with them as to whether they already have someone in mind who is well-versed in the particular issues that arise in your case. Your attorney might... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: What is the latest date a party can submit a motion in limine?

A case is going to trial in less than three weeks, and one party filed many motions in limine after the judge's calendar deadline. Is this allowed under CR 16, and is there an argument to be made that the other party is trying to waste the replying parties time? Any case law or direction would... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: I got Arachnoiditis after a back fusion. Is this a case for pain and suffering. I am much worse now

I was never told this could happen. I am much worse now. I am limited daily

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

It's likely on the document you signed acknowledging the risk of everything from hives to death. However it's serious so speak with a member of the Ky Assn for Justice who handles medical cases--they give free consultations.

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: I will give a brief synopsis of my situation and you provide me with info and thoughts on if I have something actionable

I will give a brief synopsis of my situation and you provide me with info and thoughts on if I have something actionable. I suffer from CMT which causes mobility issues. Last Feb I signed up with MD2U which provides home visits from Nurse Practitioners for the homebound or home limited. My mobility... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 7, 2016

I would contact the Health Department for Kentucky. You may also have an action for possible consumer issues--go to www.naca.net for a consumer attorney near you.

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: Need legal counsel immediately for Medical Malpractice case in Whitley Co., KY

My legal counsel had to withdraw from my case because of a Conflict of interest involving my ex-husband. I am seeking legal counsel immediately for November Trial date. I have complete attorneys files including all deposition's ready for Trial. Need KY attorney to help me get my day in Court.... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Conflict of interest is waivable so maybe your counsel should stay in--it is difficult to get someone to step in for trial. I'd suggest you contact members of the Kentucky Justice Association for that county who handle medical negligence cases.

At a minimum your existing lawyer needs...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: My doctor implanted the nexplanon in my left arm too deeply and it has caused nerve damage.

The doctor who implanted it does not feel comfortable taking it out and referred me to a different practitioner who can only do it in surgery and they are afraid to do it also out of fear of causing more damage to the nerve. We have tried calling the doctor who implanted it to see if they could... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

For there to be medical malpractice, a health care professional's actions (or omissions) must fall below the standard of care and cause injury. Whether this happened in your situation requires more investigation.

Contact a local medical malpractice lawyer for a free consultation....
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1 Answer | Asked in Medical Malpractice for Kentucky on
Q: Can your Dr. Get in trouble for telling you to take to much Tylenol

My Dr. Just today told me to keep taking a lethal dose of tylenol today. I went to him about my chronic pain due to a failed spinal fusion, his advice was to keep taking Excedrine at Four 325mg tabs twice a day. Didnt try to help any other way.

Adam Studnicki
Adam Studnicki
answered on Dec 28, 2015

A viable legal negligence claim requires injury. There may be other repercussions.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
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1 Answer | Asked in Uncategorized and Medical Malpractice for Kentucky on
Q: do you think I have a case to sue him?

Hello,

I was wanting to know if I'm able sue to my orthodontist. Three years ago I finished my orthodontic treatment and I have now been told by several orthodontist that I need to get retreated. I went to see the orthodontist because I noticed my back teeth were moving and I'm... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Go see a medical malpractice attorney in your area.

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