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Kentucky Medical Malpractice Questions & Answers
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...
Read more »

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... Read 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... Read 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... Read 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 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... Read 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... Read 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 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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