When you see a doctor or book surgery, you essentially place your life in the hands of a medical professional. You trust them to see you through the surgery, through your treatments, so that you come out healthy on the other side.
Unfortunately, it only takes one bad judgment call or mistake to change your life forever and for the worse. If you are the victim of medical malpractice, the consequences of that one mistake can be overwhelming and staggering.
You will face non-stop medical bills. You will likely not be able to work any longer. Your emotions will be all over the place. Most of all, you will be incredibly angry all the time. This will place a burden on your family life as well.
If you live in Kentucky, and this happens to you, the legal system can help you get justice and compensation. Kentucky does not cap economic damages so that you can recover the full amount of your financial losses.
If you are facing a long road to recovery after medical malpractice, you will likely want to file a claim for compensation. This compensation can help cover your losses while you try to heal. In the context of medical malpractice, your losses will be referred to as economic damages. In detail, this refers to the following:
Economic damages are tied to calculated costs. You can put an actual price next to each medical item or loss. Non-economic damages, on the other hand, involve things like pain and suffering. You cannot put a price on this, per se, but you can still claim compensation for it.
As mentioned above, Kentucky is one of the very few states that does not cap economic damages awards. This means there is no limit to how much you can claim or be awarded in a malpractice case. It is important to note that the no-cap policy applies to economic and non-economic damages.
Also, if your lawsuit is aimed at the state or state employees, you will run into an obstacle, namely the Kentucky Claims Commission Cap. This cap limits financial recoveries to $250,000 per claim. If there are multiple claims against the state for the same malpractice issue, the cap is a maximum of $400,000.
No two medical malpractice cases are the same. While one person may escape with minor side effects, another may suffer a debilitating injury. While one patient may recover with the right treatment, another may not be so lucky.
Medical malpractice, in many cases, leads to devastating injuries and illness. These require long-term care and expensive treatments.
For instance, if you suffer brain damage due to a surgical error, you may need medical care for the rest of your life. This will cost upwards of a million dollars.
If a doctor misdiagnoses an illness that gets progressively worse and is caught too late, your treatment will inevitably be more intensive. That means it will also be more expensive. In this case, medical malpractice will affect your ability to work and earn money, as well as your ability to recover.
If there were a cap on economic damages, you would not be able to receive enough compensation to cover all these expenses. Therefore, by removing the caps, Kentucky ensures its citizens can get justice and compensation without arbitrary limits.
Some parts of society are far more vulnerable than others. These include children, seniors, and stay-at-home single parents. If medical malpractice happens to patients within these groups, a cap on economic damages can hurt them.
For instance, a child hurt by medical negligence may face many years of medical treatments and surgeries. This will cost a lot of money and could also mean that the child will grow up unable to get or hold a job. If a cap on economic damages limits their parents, it will affect the child’s quality of life into adulthood.
If a stay-at-home parent becomes disabled because of malpractice, they will likely not be able to support their family anymore. If they cannot claim for this loss to the full, their family will suffer (and so will the parent).
Kentucky’s absence of caps allows courts to account for the circumstances of each victim. This helps to ensure a fair outcome for everyone.
The no-cap policy also aims to hold medical providers accountable for their mistakes. It creates an incentive for due diligence and exceptional care. More than that, the no-cap policy also sends a message: Kentucky will not tolerate ongoing medical malpractice incidents.
Some oppose the no-cap policy in Kentucky. These opposers argue that no-caps encourage frivolous lawsuits. However, any given medical malpractice case can be hugely complex, not to mention expensive.
There is not enough reason to assume a person would file a lawsuit just to see how much money they can get. Furthermore, Kentucky courts have processes in place to dismiss baseless claims immediately. This ensures that only legitimate cases are heard.
Another misconception is that pushing unlimited damages can drive up healthcare costs. Those opposing no-caps believe that patients’ insurance premiums will increase automatically. Studies have, however, shown that malpractice costs make up a small percentage of healthcare expenses.
Most expenses go into patient care, safety, and reducing medical errors.
A medical error can cause your life to spin off course. You may have had many plans now on hold or canceled.
But all is not lost. With the help of a lawyer, you can receive the right amount of compensation to rebuild your life. Your lawyer will guide you through the legal process from start to finish. They will also ensure you have the resources to finally move on with your life.
