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Kentucky Medical Malpractice Questions & Answers
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
PREMIUM
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.

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
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... 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
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
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... 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... Read 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.

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