Medical Malpractice

Healthcare negligence occurs when a physician fails to properly treat a medical condition (fails to follow the “standard of care”), resulting in a new or aggravating injury to the patient.

No one likes to think about the fact that their doctor might miss a warning sign of a serious disease – or that their treatment might do more harm than good. However, these are very real concerns that change thousands of lives every single day.

Doctors are not the only medical professionals whom patients can sue for malpractice. In fact, most health care providers including, nurses, therapists, psychologists, and dentists are subject to such legal action.

We represent clients who have suffered complications and injuries due to medical malpractice. We also represent the families of wrongful death victims whose lives were cut short by medical errors.

If you think you or a loved one has been the victim of medical malpractice, it’s in your best interest to contact an attorney as quickly as possible.

Statute Of Limitations

A Medical Malpractice case must be filed within one year after the action that caused the injury took place or was discovered. Our office will be able to determine when your time to file starts or started, so you do not run out of time.


Injured parties may be able to receive compensation for past, present, and future medical bills, lost wages from time off work, pain and suffering, and more. The injured patient is free to recover for all financial losses that can be traced back to the malpractice.

Common Examples of Medical Malpractice:

  • Surgical errors including wrong-site surgery or anesthesia errors.
  • Failure to fully inform the patient of the risks of certain procedures and surgeries.
  • Misdiagnosis.
  • Failure to properly treat the diagnosed disease.
  • Failure to properly monitor patients.
  • Misuse of prescription drugs.
  • Improper use of medical equipment or implants.

Punitive Damages

In some instances, Kentucky law ALSO allows juries to award punitive damages.

Punitive damages are meant to punish behavior that is intentional and/or grossly negligent to dissuade others from the same behavior.

If you’ve been the victim of medical malpractice, misdiagnosis or a health care provider’s mistake that has caused you harm, contact Winton & Hiestand Law Group to discuss your rights.