In January of 2013, the United States District Court for the Eastern District of Kentucky heard a case alleging medical malpractice. (Williams v. Altman, McGuire, McClellan & Crum, 2013 WL 28378 (E.D. Ky.)) In this medical malpractice case the surgery occurred on July 3, 2007. It was for a pelvic organ prolapse whereupon the surgeon placed a plastic mesh netting in plaintiff’s pelvis area to strengthen her pelvic wall. Id. After the surgery she always felt pain and discomfort. But it was not until October 4, 2011 that a new doctor figured out that her symptoms were likely caused by her 2007 surgery. Id. Plaintiff had a follow up surgery on December 9, 2011. On March 19, 2012 plaintiff filed his Louisville medical malpractice lawsuit. On October 4, 2012, plaintiff filed an amended medical malpractice complaint.
The defendants in this case tried to have the case dismissed or transferred in light of the fact that they claimed that plaintiff could never recover against certain defendants. The court did not agree. The court stated that “given that Kentucky is a pure comparative negligence state, (cite omitted), it is certainly possible that Williams could simultaneously collect against both the Kentucky defendants and the manufactures.” (cites omitted).
“Kentucky requires a plaintiff to file her malpractice suit against a physician within one year of the time she either discovered the injury or should have discovered it.” (cites omitted). To discovery that she has suffered an “injury,” a plaintiff must know two things: 1) that she has been wronged, and 2) the identity of the person who wronged her.” (cites omitted).
Defendants argue that plaintiff should have known of the medical malpractice before her October 2011 doctor’s visit some four (4) years after the initial surgery. Id. But, the court did not agree. It stated that plaintiff had no medical expertise. Id. The court further stated that as she was “doing well” despite some post surgical pain, that it was not for the court to make a findings on the facts at this time with regard to a motion for summary judgment in this Louisville medical malpractice case. Id. Further, the defendants have no actual evidence proving that the plaintiff knew or should have known about the malpractice before the October 2011 surgery.
Accordingly, this federal court remanded the case back down to the state court to proceed with the Louisville medical malpractice case at that level. There were no misjoinder of parties and since there was no diversity, the case had to be brought back down to the state court for trial.
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.
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