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Covington KY Legal Blog

Medical malpractice: Study highlights surgery mistakes

Thanks to regulations and modern technological advancements, surgical procedures in Kentucky these days are safer and more efficient. However, no surgery comes without risk. Mistakes will be made any time humans are involved. Unfortunately, when mistakes are made, the patient will suffer. According to one recent study, a quarter of all medical malpractice claims filed in a four-year period in the United States were connected to surgical procedures.

In total, more than 2,500 completed claims in the United States were examined in the study. In these medical malpractice claims, the study said that surgery was the second most common type. Between 2014 and 2018, surgeries made up about 25 percent of all claims, according to reports. Reportedly, about 30 percent of all surgical injuries were considered significant or permanent, and about 9 percent resulted in death.

Pothole hazards: Avoid trouble on Kentucky's roads

Kentucky is beautiful this time of year, and the weather has warmed up enough to bring motorcycles back on the roads. Before you get moving, remember that the winter could have been harsh on the roads, and you could be more prone to falling victim to the hazards that you may not see until it's too late.

One of the most significant road hazards during early spring is a pothole. A pothole, which is a depression in the road where asphalt has broken away, is generally the result of water damage, cracking and traffic driving over the area.

Pedestrian accidents on the rise

Most people are in a rush to get somewhere. Whether it is to make it to work on time or to get to an important appointment, drivers put a lot of focus on getting where their going, and not necessarily the path they are taking to get there.

Whether it was from rushing to get through a light or traveling too fast to be on time, too often, pedestrians pay the price. In recent years the number of pedestrians that have been struck by a vehicle has grown exponentially, making traveling by foot, almost as dangerous as traveling in a car. In 2018, more than 6,000 pedestrians had been killed, which shows an increase in 250 pedestrian deaths since 2017, and over a 51 percent increase since 2009.

A large portion of pedestrian-related accidents, approximately 90 percent, occur at night. This can be due to a number of factors, from poor visibility of pedestrians to a higher increase in dangerous driving conditions such as intoxication and drowsy driving.

Medical malpractice can happen in nursing homes

As loved ones age, living independently can be hazardous and self-care can become difficult. Fortunately, the state of Kentucky is home to an abundance of wonderful long-term care facilities that provide around-the-clock care for loved ones who are no longer able to live alone. Placing a loved one in a nursing facility is always a difficult decision for families. Unfortunately, it seems medical malpractice is not uncommon in nursing homes.

In another state, a woman filed a lawsuit after she allegedly experienced negligent care in a nursing facility. According to the lawsuit, the woman suffered from Alzheimer's disease and became a resident at the facility. The lawsuit alleges that the plaintiff was physically abused by a staff member while she was showering at the facility.

Holding hospitals responsible for medical malpractice

Medical malpractice occurs daily, in many forms. Sometimes, a single person may commit malpractice, or an entire institution may use unsafe practices that put patients at risk of harm. When most people think about medical malpractice, they may not realize that hospitals themselves are often held liable.

Hospitals are often difficult to understand, because they are complex organizations. However, in simple terms, a hospital is an entity with employees, and may hold liability for the actions or negligence of their employees. This is similar to other employers who hold liability for the conduct of their employees.

What is required for a medical malpractice claim?

No person seeks medical treatment with the intent of suffering permanent injuries. Unfortunately, this is exactly what happens to thousands of people in Kentucky and across the country. Medical malpractice continues to be a leading cause of death and injury in the United States. Here are the requirements for victims and families to take legal action when negligence is suspected.

First, it must be established that the victim had a relationship with the medical professional in question. Those filing a claim will need to provide proof that their condition was made worse by the caregiver's errors or inadequate care. If a physician did not provide direct treatment to the victim, he or she is not liable.

How do you know who is liable after a truck accident?

Truck accidents are extremely dangerous, especially when a collision involves a commercial truck and smaller consumer vehicles. Even a sturdy pickup or SUV may suffer catastrophic damage in a truck accident, and the victims may have serious, life-threatening injuries.

To make matters more difficult, truck accidents often create complicated legal situations. In most accidents that involve consumer vehicles, the greatest difficulty is identifying which driver has all or most of the liability. Identifying the liable party in a truck accident is not always so simple.

Truck accidents can be catastrophic

Tractor-trailers are the backbone of the U.S. economy. Major highways across the country are filled with commercial traffic 24 hours a day. For drivers in Kentucky, it is understandable to be nervous when sharing roadways with these speeding behemoths. Due to their sheer size, truck accidents can be absolutely catastrophic.

Recently, a tragic crash near Florence involving a tractor-trailer claimed the life of a man. The accident happened in the southbound lanes of Interstate 75 during the morning hours. Reports indicated a passenger vehicle and a utility truck were stopped on the right shoulder of the roadway.

Alleged medical malpractice leads to deaths of 2 family members

Unfortunately, thousands of families in Kentucky and across the United States are affected by medical negligence every year. Suffering through the effects of one instance of medical malpractice is hard enough. Imagine having two close family members pass away due to medical malpractice. This is allegedly what happened to the family of a woman in another state, and she has taken legal action.

The woman filed lawsuits against two doctors after her father and grandmother died within weeks of each other. According to reports, the father suffered a knee injury while playing basketball and decided to undergo surgery. Allegedly, the man had previously experienced life-threatening reactions from anesthesia. Despite his history, the lawsuit claimed doctors placed the man under anesthesia and he was soon in a coma. The lawsuit said the man died two weeks later.

Studies show that people do not see motorcycles

The notorious left-turn accident is one every motorcyclist worries about. It happens when an oncoming car ahead of the motorcycle makes that left turn. It crosses the motorcycle's lane. If there isn't enough room to complete the turn, the motorcycle hits the side of the car. In some cases, riders attempt to avoid a crash, but that often means laying the bike down or swerving into oncoming lanes. No matter how this plays out, it's extremely dangerous.

This can happen at intersections, but the true threat is often on a two-way road without an intersection between the vehicles. Consider, for instance, a driver coming home from work, with their home on the left side of the road. They stop in the proper lane, as there is traffic coming toward them. They wait for it to go by. When it does, they turn toward the driveway.

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