Kinner and Patton Law Firm
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"Kinner and Patton has decades of experience in providing high quality and successful legal representation to injured people throughout Eastern Kentucky".

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Kinner and Patton
Prestonsburg, KY.
Phone: (606) 886-1343
Fax: (606) 886-1349

Sandy Valley Media 2008
All Rights Reserved

Have You Suffered From A Medical Mistake ?

Medical Mistake Injuries
At Kinner & Patton, the attorneys take a different approach to medical negligence claims.  In virtually every case (with very few exceptions), an expert witness will be necessary for you to present your claims to a jury.  That expert must have the opinion that the doctor in your case “deviated from accepted standards of care” in your treatment.  In other words, the expert must have the opinion that your physician was negligent in your treatment.
Our attorneys take in medical negligence cases purely as investigations.  We do so with the intention of obtaining an independent expert opinion from a doctor on the care you received.  Since you have to have the expert witness to prevail at trial, we believe obtaining the opinion of an expert before the case is filed allows a case to be better prepared and the client will know from the beginning whether he or she has a case.  If the expert does find negligence, we pursue the claim to the end.  If not, we will close our file and allow the client to pursue a second opinion from another lawyer.  We believe this approach provides the best and most efficient investigation for the client and reduces the amount of frivolous lawsuits that are filed in Kentucky.

Because of the time needed at the forefront of the case for investigation, it is crucial you contact us as soon as possible.  With a few exceptions, the statute of limitations for medical negligence cases in Kentucky is one year from the date of injury.  Therefore, do not waste time in seeking counsel from a lawyer on the merits of your claim.

What To Do If You Suspect Your Doctor Has Committed a Medical Mistake
In sum, the investigation is critical for your case.  There are things you can do to make the investigation more fruitful and faster.  As a general service to the public, we offer the following general advice on what you should do when you suspect your doctor has committed a medical mistake.

Ask the Physician
If you believe that a medical mistake has been made in your care, ask the physician point blank what happened. Do not assume just because you are the patient and he or she is the doctor that you are limited in what you are entitled to know or ask. The doctor has an ethical duty to respond to you truthfully. If the doctor hedges in his or her response, follow up the question until you receive a satisfactory response. You have a right to an explanation of the treatment and care received as well as a right to be properly informed of the risks versus benefits of any procedure in advance of care. Any conversations with a treating doctor who commits malpractice can be used as an admission by the defendant doctor which can later prove useful for direct or cross examination in deposition and/or trial.
Get a Complete Copy of Your Medical Chart As Soon As Possible
Immediately retain a complete copy of your entire medical chart. Confirm at the time you pick the records up that it is a complete copy of your records and demand certification or an affidavit from the records custodian that nothing has been omitted or removed from the chart. Most states have a statutory requirement enabling patients to receive a complete copy of their medical records within a reasonable time after request. In some states a statutory fee may be required in order to get the records however, the sooner you obtain your records the less likely there is to be any unauthorized alteration or redaction by the doctor or hospital, which would help them in defeating your subsequent claims.

Make Notes of What Happened

Keep a journal of names and dates to assist in recall of the facts and circumstances surrounding the care and resulting injury. Hospitals will invoke every privilege and delay tactic in providing you relevant information including, the names of witnesses such as hospital roommates, nurses on call, orderlies, etc. If you have these names documented, you will level the playing field, and eliminate the hospital’s ability to hide witnesses and relevant facts.

Take Photographs of Your Injury

Obtain photographic or video documentation of any visible consequences of the care provided. The easiest way to impress upon a jury the severity of a medical mistake is to give them the opportunity to see for themselves what resulted from the negligence. Unfortunately, by the time a case is prepared and ready for trial, the visible effects of an injury have often improved or been subsequently repaired.

Contact an Experienced Personal Injury Lawyer

Immediately find and retain a lawyer that is qualified to investigate and pursue your claim. Confirm that the lawyer has tried a medical negligence case to a jury verdict. Interview your lawyer and make sure you are comfortable with his or her demeanor and ethics. Look for a lawyer that tells it like it is rather than someone that tells you what you want to hear. Over the course of your representation this lawyer will need to walk in your shoes coming to know you and your background as well as any close relative and acting not only as your representative but serving as a friend. The choice is an important one.
Pursuing a medical malpractice claim is never easy. Lawyers will advance thousands if not hundreds of thousands of dollars in pursuit of litigation on behalf of their clients in a medical negligence action. Doctors who are named as defendants allow their egos to interfere with just resolutions often forcing cases that should be settled into trial. Clients must prepare themselves, their families and loved ones for an emotionally draining battle which can last for years before a resolution can be obtained. Clients must know that statistically, it is an uphill battle to obtain a victory and the true satisfaction that is redeemed by such an award, but by pursuing their claims victims of malpractice speak