I am a Kentucky lawyer holding the careless and negligent responsible, and obtaining fair compensation for people injured by medical errors, bad driving, defective products and dangerous premises.

WHAT IS MEDICAL NEGLIGENCE?

Although claims for medical errors are commonly referred to as “Malpractice”, they are really claims of simple negligence. Just as drivers of automobiles must be careful and obey traffic signals, Doctors and other medical professionals must avoid running “medical stop signs”.

The elements of Negligence: Duty, Breach, Causation and Damages, establish the framework within which the plaintiff’s attorney must function.

In any civil case, the burden of proving each of these elements falls on the plaintiff. If the plaintiff fails to present sufficient evidence to prove each and every element, her case fails.

EXISTENCE OF A DUTY
Although the claim is for negligence, the duty owed in a medical malpractice case arises from the contract between the doctor (or hospital) and the patient.

The existence of a duty is the least commonly contested element in the area of medical malpractice litigation. Once the physician-patient relationship is established, the physician owes a duty to the patient.

DEFINING THE DUTY
In Kentucky, the law provides that the duty owed is: to provide that degree of skill, care and knowledge required of a reasonably competent practitioner engaged in the same medical specialty under cricumstances similar to those existing at the time and in the place where the plaintiff contends malpractice occurred.

In layman’s terms, the doctor must be competent (have good knowledge and skill), and must make reasonable decisions based on that knowledge. In most instances, establishing what is required of a “reasonably competent practitioner” requires expert testimony. It is therefore necessary to consult with a doctor (or nurse, etc...) and the medical literature to define the specific duty in any given case.

BREACH OF THE DUTY/CAUSATION
Once again, establishing whether the duty was breached usually requires expert testimony. The plaintiff’s expert must review the medical records to determine whether a mistake was made, and if so, whether the mistake caused some damage.

This is the most hotly contested area in the vast majority of cases. People are injured or die every day while under a doctor’s care, often times when no mistake is made. It is also possible that a doctor takes completely inappropriate action in the treatment of a patient, but no damage is done. The patient will not have a valid medical negligence claim in either of these cases.

However, when a doctor (or nurse, etc...) makes an error and damage results, they can be held responsble.

About Carl D. Frederick

Mr. Frederick's practice is concentrated in the litigation of serious personal injury and wrongful death claims resulting from medical malpractice, auto accidents and defective products.

He also litigates bad faith cases against insruance companies for wrongful denial of claims, as well as business disputes and construction law/surety law.

He is certified as a Civil Trial Advocate by the National Board of Trial Advocacy, and is AV rated by Martindale-Hubbel. He is a member of the Million Dollar Roundtable, having obtained numerous million dollar verdicts and settlements.

Mr. Frederick has written and edited the following books:
- Kentucky Auto Case Essentials (published by the Kentucky Academy of Trial Attorneys)
- Medical Malpractice in Kentucky(published by L. Smith Publishing, Nashville, Tennessee)
- Law and Practice of The Traumatic Brain Injury Case (published by KATA)

Mr. Frederick has spoken at numerous seminars, for both state and national trial lawyer organizations, on personal injury , medical malpractice, and insurance related issues.

He received his undergraduate degree in Mechanical Engineering from Vanderbilt University, and his law degree from the Brandeis School of Law at the University of Louisville. He has been licensed to practice in Kentucky, including all state and federal courts, since 1973.

He is currently the 4th District Vice President of the Kentucky Academy of Trial Attorneys, and has been on the Board of Governors of that organization for the past 17 years. He is also a member of the Association on Trial Lawyers of America, the Kentucky Bar Association and the Louisville Bar Association.