In January of 2013, the United States District Court for the Eastern District of Kentucky heard a case alleging medical malpractice. (Bryant v. King’s Daughter Medical Center, 2013 WL 186927 (E.D. Ky.)) The surgery at the heart of this medical malpractice case occurred on April 16, 2010. Id. It was a surgical repair of an abdominal hernia. Id. After the surgery two draining tubes were placed into plaintiff’s mid-section. Plaintiff had a follow up surgery and was in and out of the doctor’s office until July 21, 201 when her condition had continued to deteriorate and she was bleeding from her mouth and rectum and was life flighted to another hospital. On that day she had endoscopic laser surgery sealing certain damaged blood vessels in the stomach. Id. Plaintiff then filed her Louisville medical malpractice lawsuit.
“To successfully prove medical negligence as a matter of law in Kentucky, the plaintiff must prove the elements of negligence by medical or other expert testimony.” (cites omitted). “Plaintiff must establish that the treatment given fell below the degree of care and skill expected of a reasonably competent practitioner of the same class and under similar circumstances, and that the negligence proximately caused the alleged injury or death. (cites omitted).
In this Louisville medical malpractice case, the plaintiff as to count I failed in that she was did not set forth sufficient evidence that the removal of one of the tubes caused the buildup of fluid and eventual burst of her incision. Id.
“It is well settled in Kentucky that the presence of infection following an operation or in an area under treatment is not prima facie evidence of negligence in a medial malpractice case.” (cites omitted). So, as to the allegation that getting the infection in and of itself was malpractice, without more proof, was dismissed by the court as well. The bottom line in this case was that the plaintiff never could prove ‘causation’ at to her medical malpractice claims.
If you have been the subject of a Louisville medical malpractice case, please call and speak to a Louisville medical malpractice lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!