What is actionable medical malpractice?

Patients in Kentucky expect competent care from their medical professionals. If you are in a situation where that hasn’t happened, and you’ve received sub-standard care, you may sue for medical malpractice. Also known as medical negligence, it describes a diagnosis or treatment that increases the severity of an existing injury or causes a new one.

According to Findlaw, four factors must be established before filing an actionable medical malpractice suit. They are as follows:

  1. The doctor/patient relationship must pre-exist the claim. A doctor must provide the same standard of care as other medical professionals would provide their patients in a similar situation.
  2. Failure to uphold the duty of care must be proven. Medical negligence cases must show that your doctor’s actions when compared to those of doctors faced with similar circumstances, was inappropriate.
  3. The injury is due to the breach of duty. Although there are several reasons for any given outcome, it must be shown that the doctor’s failure to act or the type of action caused your injury.
  4. Quality of life must be adversely affected. The court must have substantial evidence that the injury prevents you from providing for your family or if you face a lifetime of medical treatments.

The standard of care is what separates medical negligence from known risk. When a medical professional ignores the standard of care required in a given set of circumstances and breaches the duty of care, he or she may be liable for any injuries incurred. 

This information is provided for educational purposes and should not be interpreted as legal advice.

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