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Kentucky Medical Malpractice Questions & Answers

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... Read more »

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 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... Read 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 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... Read 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... Read more »

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 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 have... Read 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 be... Read more »

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 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... Read more »

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. Prior... Read more »

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 to get...
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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... Read more »

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 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 in pain.... Read more »

Robert Jason De Groot answered on Sep 9, 2015

Go see a medical malpractice attorney in your area.

1 Answer | Asked in Medical Malpractice for Kentucky on

Q: My husband has a intrathecal pump, that distributes baclofen and pain medicine, his doctor implanted this device in oct

He has discharged him, refuses to service pump, knowing it is nearly impossible to find a doctor who will service another doctor's pump. Is he responsible? We are actively seeking another physician.

Adam Studnicki answered on Jul 25, 2015

He may be responsible if there is negligence. Also, in some cases, abandonment of a patient could be medical malpractice. It might also violate medical ethics, depending on the facts, and it might be something the licensing authorities would be interested in. Check with a local medical... Read more »

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