The post Making Things Right After Medical Malpractice appeared first on Hay & Knight Attorneys.
]]>Since our law office was established in 1982, Hay & Knight, PLLC has remained committed to helping victims of medical negligence obtain answers and compensation. Located in Somerset, we represent seriously injured victims of medical malpractice throughout South Central and Eastern Kentucky and across the state, drawing on our in-depth understanding of medical malpractice laws and our extensive trial and negotiation experience. This allows us to secure the best possible results for our clients.
Richard Hay is a Certified Trial Specialist and Past President of the Kentucky Academy of Trial Attorneys.
Whether you are motivated to recover compensation for your medical bills or long-term care, or to prevent the same catastrophic fate from harming others, as your lawyers we will dedicate the time, resources, and legal skills necessary to get results.
Because of Kentucky’s statute of limitations for bringing a medical malpractice case, we encourage you to contact us as soon as possible.
In the 30-plus years that our law firm has been in business, we have successfully handled medical malpractice claims involving:
When you or a loved one has suffered injuries at the hands of a medical professional or hospital, you deserve answers. We devote a significant part of our practice to this important area of the law and we have the experience and skill to investigate these cases and pursue full and fair compensation for our clients — through settlement or jury verdict.
Timing is critical in medical malpractice claims. While we are very selective about the cases we accept, as we keep our caseload low to provide premium service and counsel, we invite you to contact us as soon as possible. Call 606-679-2214 today to discuss your concerns with an attorney and learn whether we can be of service to you.
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]]>The post Could miscounting lead to a medical mistake? appeared first on Hay & Knight Attorneys.
]]>You may be wondering why these mistakes happen, and the reasons vary from instance to instance. But it’s important to note that even the smallest error can lead to a critical mistake. For example, simply miscounting could lead to a significant surgical error.
The issue here is that the surgical team is supposed to count the implements that they’re using. That includes things like needles, scalpels, clamps and other such items. But it also includes things like sponges or gauze, which may seem less dangerous – but which can actually blend in significantly during the procedure.
If the team doesn’t count correctly, they could overlook one of these items or implements. This can lead to it being retained after the procedure. A patient could experience all sorts of complications, from pain at the surgical site to a lack of healing. In some cases, the retained item can cause further damage or lead to a life-threatening infection.
One interesting thing to note is that about 70% of these cases happen after a correct count is made. The count wasn’t actually correct, of course, but the surgical team did come up with the right number. It’s been compared to counting cards and getting 52 – which you know should be correct – when you don’t have the full deck.
This shows that teams aren’t necessarily skipping the step of counting, but simply miscounting the implements that they’re supposed to have. There are a lot of reasons that this happens, such as trying to count and remember the number concurrently, getting distracted by other events in the room, dealing with excess noise and trying to work quickly under the pressure of a timely procedure.
Moreover, patients often don’t even realize that a mistake has been made at first. They expect to have some pain while they heal from the surgery, so they can delay the diagnosis further. If something like this happens to you, make sure you’re well aware of your legal options.
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]]>The post Should I wear more than a helmet on my motorcycle? appeared first on Hay & Knight Attorneys.
]]>The exhilarating experience of riding a motorcycle can come to a quick halt when you are in an accident. In those moments, you hope to have the right gear to keep you safe.
You already know you should wear a helmet on your bike. These are a few additional pieces of safety gear that can protect you in a crash.
If you are in an accident, one of your first instincts is to try to catch your fall with your hands or feet. These are some of the areas of the body that can receive the most trauma since they hit the ground first.
When looking for gloves and boots to protect you on your bike, you should look for a pair made out of a durable material like leather or a strong synthetic blend. Ideally, your gloves and boots should be able to protect you from impact and road rash.
Summer can be a challenging time to get your bike out. While the weather seems ideal, it may not be the time when you want to put on long sleeves and long pants.
Wearing protective clothing like a leather jacket and motorcycle-specific pants can often be the difference between a fatal and non-fatal injury. Your helmet protects your head, but if an accident results in severe cuts and burns from the road, you could have fatal injuries on other parts of your body.
Similar to your gloves and boots, you should look for gear made of durable materials, like denim, leather and some synthetics. You should avoid clothing that leaves you exposed or would tear very easily in an accident.
When you take extra precautions to protect your body on your motorcycle, you increase the chances that you will survive a crash.
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]]>The post Why are truck accidents so dangerous? appeared first on Hay & Knight Attorneys.
]]>Semis are not just larger vehicles; they often out-weigh an average car by 10 to 20 times. While size is a factor, there is more than size to making an accident with a semi so dangerous.
This is what can make a crash with a large truck deadly.
When you think about controlling a vehicle, factors such as the weather and the condition of the car can impact your control. Although the same is true of a semi, there are more issues to consider.
Semis take almost twice as much time to stop as an ordinary car. Additionally, when a semi needs to make a sudden turn, a large trailer behind them can jackknife and hit vehicles on either side of the truck.
When a truck driver needs to make an evasive maneuver, they can quickly end up in a situation where they avoid one accident but cause another.
Semis can also be dangerous because of what they are hauling. In addition to hazardous chemicals, they may also have extremely heavy or uneven loads.
While the people who load the trucks try to make the load as safe as possible, the trailer’s contents can shift during transit or negatively impact a driver’s attempt to avoid an accident.
When driving near semis, giving them plenty of space is essential. Giving truck drivers adequate space means they have more time to respond to sudden changes on the road.
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]]>The post How do you find out about product recalls? appeared first on Hay & Knight Attorneys.
]]>It’s pretty common for people to be notified of recalls involving their vehicles, for example, but it is less common for people to know when toys or food items are recalled. To know about a recall, you may have to do your own due diligence.
If you want to know about the latest recalls, you can stay informed by checking in a few different places.
The NHTSA has guidance on finding out about recalls involving your vehicle. You can visit the NHTSA website and type in your VIN.
If you sign up for emails at Recalls.gov, you’ll be notified of major recalls.
Before you buy a product, visit the U.S. FDA’s website to see all food recalls as well as medical device recalls, cosmetic recalls and others.
Go to Foodsafety.gov to learn specifically about recalls involving food around the country.
If you log onto FSIS.USDA.gov, you’ll find out more about sausage, poultry, egg and meat recalls.
Each of these different websites and programs keeps track of different kinds of recalls, so you can stay informed.
Yes, if you can. It’s particularly important to check for recalls before you buy items for children. Clothing items, toys and medications are all items to check before you purchase them. The sites above will have information on the specific lot numbers of items that aren’t good or the brands that you have to avoid, so you can prevent dangerous items from coming into your home and putting yourself or your children in danger. If you do get hurt and find out that an item is on a recall list, you can use that information to make a claim.
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]]>The post Prescription drugs could be to blame for your recent car crash appeared first on Hay & Knight Attorneys.
]]>Sometimes, people can cause crashes because of drugged driving, which can easily be as dangerous as drug driving. Although many people realize that it is illegal to drive after taking prohibited drugs, fewer people understand that they can break the law if they drive after taking prescription medication.
If you suspect impairment but the other driver claims that they had nothing to drink, then drugged driving may be to blame for your crash.
Many kinds of prescriptions affect driving ability
Most people recognize that muscle relaxants and pain medication are dangerous to take before driving. They may not realize that other prescription drugs can make them dangerous drivers too. Sleep medication, psychiatric drugs and even cold medication can affect someone’s driving skills, awareness and focus.
Even when a driver has the legal right to take a prescription, that does not mean they can get behind the wheel while the drug is still affecting their function. If you communicate your suspicions to the police, they could question the other driver or perform chemical tests beyond just a breath test to locate intoxicants other than alcohol.
How do you hold someone accountable for drugged driving?
Those affected by a car crash can file insurance claims. Sometimes, they need to take legal action against the other driver because insurance coverage won’t pay enough. Taking another driver to court means giving them an opportunity to defend themselves against the allegations of drugged driving.
Individuals taking medication that bear warnings about driving vehicles or operating heavy machinery should heed those warnings regardless of how long they continue taking the drug. Even if the situation doesn’t meet the necessary standards to secure an impaired driving conviction, the evidence of drugged driving may be enough to meet the standards in civil court.
Filing insurance claims and considering lawsuits may both be necessary steps to take after a car crash caused by someone under the influence of prescription drugs.
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]]>The post 2 reasons drowsy driving is a safety issue you shouldn’t ignore appeared first on Hay & Knight Attorneys.
]]>Once you learn the truth about the consequences of drowsy driving, you will likely try to avoid getting behind the wheel when you feel fatigued and may even watch more closely for signs of exhaustion in other drivers. Why is drowsy driving such a serious safety concern in the United States?
Drowsy driving is a shockingly common problem
Researchers admit that self-reported data is often inaccurate. Few people want to admit that they do things they know are unsafe, even if they provide those statements in an anonymous way.
Given that under-reporting is a known issue, the fact that one in 25 drivers will admit to falling asleep at the wheel at least one time in the last 30 days should give you pause. Those drivers may have fallen asleep multiple times, and others may not have admitted to the issue.
Drowsy driving is riskier than you imagine
When somebody falls asleep at the wheel, they completely lose control over their vehicle. They might swerve off the road or release muscle control over their foot, resulting in a drastic increase in their speed.
Falling asleep is only the most observable consequence of drowsy driving. For every driver who admits to falling asleep at the wheel, there will be dozens of others who don’t lose consciousness but who drive with their ability impaired by exhaustion. The impact of fatigue on the human brain is very similar to the effects of alcohol. It will affect everything from focus and decision-making to reaction times and motor control.
You can prioritize your own safety and the well-being of others by choosing not to get behind the wheel when you feel exhausted. You can also pay closer attention to the road at times of day when exhaustion is more likely to affect people, such as during the afternoon rush hour and at night after the sun has set.
Recognizing how fatigue contributes to your overall risk of a motor vehicle wreck could help you make better choices about when and how you drive.
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]]>The post Can you make a claim against someone other than the drunk driver? appeared first on Hay & Knight Attorneys.
]]>Often, drunk drivers can cause major property damage and severe injuries to someone else. Although their insurance policy may help cover those costs, there isn’t a guarantee of full coverage. The other driver could have less insurance than you need to pay your medical bills or replace your vehicle. They might have been out on the road without an active insurance policy.
Can you potentially bring a claim against a third party to recover your expenses after a drunk driving crash?
Dram shop laws can help you pay your bills
Sometimes, there could be a business with some responsibility for the crash that you experienced. Under Kentucky law, every bar and restaurant that serves alcohol has to secure a license and comply with state regulations. There are two scenarios in which their non-compliance with liquor laws might lead to dram shop liability.
Under dram shop laws, those affected by drunk drivers can bring financial claims against businesses that served the drunk driver alcohol. If a restaurant or bar serves alcohol to someone under the age of 21 who then left and caused the crash, the business could face a civil lawsuit. If the wait staff decided to serve someone who is visibly intoxicated another drink, that could also open the business up to financial liability.
The benefits of a dram shop claim include another source of compensation and possibly access to a bigger insurance policy.
Third-party claims can quickly become complicated
To connect a driver’s losses with a business’s misconduct can take a bit of effort. You would have a hard time managing a dram shop claim or similar third-party claim without professional support, as such claims are far more involved than a straightforward insurance claim.
Dram shop claims often lead to civil court proceedings, although the business or their insurance company may settle before you go to court. Learning more about the rules that help protect you from drunk drivers and the costs suffered in drunk driving crashes can help you seek reimbursement after a wreck.
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]]>The post Do you have to carry underinsured motorist coverage in Kentucky? appeared first on Hay & Knight Attorneys.
]]>If you don’t have this coverage now, this is a good time to go over what it is and how it may help you in the future. Having this coverage could help you take care of many financial issues following a crash caused by someone who is underinsured.
You can get at least $25,000 of underinsured motorist coverage in KY
Insurance companies in Kentucky are obligated to offer you at least $25,000 in coverage for underinsured or uninsured drivers. You are allowed to opt out of this coverage if you don’t want it, but it may be a good idea to keep it. Why? According to MSN, around 13.9% of Kentuckians are completely uninsured based on data collected from between 2015 and 2019.
So, while you are not obligated to carry coverage for underinsured or uninsured drivers, the risk of getting into a crash with someone who doesn’t have good enough coverage is fairly high. Having this coverage as a backup could help you get money for your personal injury or lost wages, for example, even if the other driver hits their policy limit.
You deserve to receive the care you need after a crash
It’s not a bad idea to carry more personal injury insurance for yourself regardless of what might happen in the future. Knowing that you have additional financial security and can make a claim against your own insurance if an at-fault driver harms you without enough insurance of their own may help you rest easy and drive with more confidence.
If you do get into a crash, it’s important to start your claim against the at-fault driver as soon as you can. After you seek care and know what kind of insurance policy limits are involved, you may find that this coverage is very much needed to help you as you recover.
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]]>The post Avoid these mistakes after an accident appeared first on Hay & Knight Attorneys.
]]>There are many pieces of valuable information that an accident victim can find at the crash scene. Insurance information of the driver, the car’s identifying information, the contact information of the driver, witness testimony, and the resulting police report are all critical pieces of information that can greatly benefit your compensation claim.
Even if you feel fine after your accident, you may be suffering from any number of hidden injuries. Internal injuries are extremely hard to recognize without medical training and equipment and can become fatal if unnoticed for too long. Seeing a doctor can also provide you with a medical report that can also aid your compensation claim.
Insurance companies present themselves as putting your needs first, but their initial settlement offer is most likely in their favor. Insurers often hope that you do not get an attorney so they can get away with paying you less than you deserve for your injuries. Let a lawyer fight for your compensation instead of settling for less in your claim.
Their negotiation and litigation skills can make a difference in the outcome of your compensation claim and help ensure that you are not the one who is responsible for paying the costs of someone else’s reckless or negligent actions.
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