Louisville Medical Malpractice Attorney Seth Gladstein Helps Individuals Seek Maximum Compensation After Medical Errors
At Gladstein Law Firm, we provide thorough, experienced, and dedicated legal representation for victims of medical malpractice. From birth injuries to medication errors to failure to diagnose cancer, all patients who receive treatment are at-risk for complications due to medical errors.
In fact, studies have shown that nearly 100,000 patients every year fall victim to improper diagnoses and inadequate care, due to preventable mistakes in the hospital. If you believe that you may be a victim of medical malpractice, we encourage you to know your rights and take legal action.
We offer the victims of medical malpractice and their families a free, private consultation. Contact us today to schedule a meeting with Seth Gladstein, and find out if you may have a valid medical malpractice claim to pursue.
Signs That You May Be a Victim of Medical Malpractice
Despite the grim statistics, many people still struggle to accept that doctors and hospitals make mistakes. 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 actually do more harm than good. However, these are very real concerns that change thousands of lives every single day.
As a result, if you are second-guessing your doctor’s advice, or if you are concerned that you have received substandard care, you are right to start asking questions. While it may be that there was nothing your doctor could or should have done differently, it may also be the case that you are a victim who is entitled to substantial financial compensation. While we strongly recommend that you call for a free consultation, the following are examples of situations that you can watch for that may be indicative of medical malpractice:
- Your doctor ignored your concerns and comments about your condition.
- Your condition worsened after going to the doctor, but before receiving treatment.
- You are suffering from a new injury or illness after receiving treatment in the hospital.
- Your doctor did not order standard tests, or follow hospital protocol.
- You received treatment or underwent a surgical procedure that you were not expecting.
- It took multiple visits to the doctor to correctly diagnose your condition.
- Your doctor did not correctly treat a complication after a surgical procedure.
- Your condition was not correctly diagnosed at the emergency room.
- Your doctor seemed to be under the influence of drugs or alcohol at the time of a medical error.
- Your surgery took an unusual amount of time.
- You have been a victim of a medication error.
- You have been the victim of wrong-side surgery.
- Your loved one died after a medical procedure – and you have not been given a good explanation.
Turning the Tables to Fight for Victims’ Rights
Seth Gladstein has represented medical malpractice and other personal injury victims exclusively since 2011. However, prior to establishing Gladstein Law Firm, Seth spent a decade working for two of the most respected medical malpractice defense firms in Louisville and New York City. During that time, he gained valuable insight into the tools and strategies that doctors, hospitals, and insurance companies use to dispute malpractice claims for negligence. Today, he uses this inside information to fight for the largest possible settlements and verdicts for his clients’ losses.
We Handle All Medical Malpractice Claims
Our Louisville personal injury lawyers represent clients throughout Kentucky 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. We have a wide range of experience, and our practice includes fighting for individuals and families who are suffering due to:
In medical malpractice cases, it is crucial to be able to tie your losses to a mistake on the part of your doctor, the hospital, or another medical professional or facility (such as a nursing home). If you cannot prove that a medical error is the cause of your illness or injury, you will not be able to recover financial compensation.
At Gladstein Law Firm, PLLC, we use our extensive experience on both sides of medical malpractice cases to thoroughly investigate our clients’ cases, and determine if they are entitled to monetary damages. If we believe that you have a case, you can rest assured that our Kentucky medical malpractice attorneys will do everything within our power to prove that malpractice is to blame for your losses.
Kentucky Medical Malpractice Statistics
Many people think that medical malpractice won’t happen to them – or that it is a relatively rare occurrence. On the contrary, the issue of serious medical errors has been described by public health organizations as nothing less than a crisis. Here are a few quick facts about medical malpractice, as gathered by the non-profit public advocacy group Public Citizen:
- There are an estimated 632 to 1,407 preventable death in Kentucky hospitals each year.
- The cost of medical errors for Kentucky’s citizens, families, and communities is $244 million to $416 million each year.
- Just five percent of doctors are responsible for half of Kentucky’s medical malpractice payouts, while nine out of ten doctors have never had to pay out a medical malpractice claim.
What can we learn from these statistics? First of all, far too many people are needlessly dying from medical errors, while thousands more are being seriously injured each year. These errors not only affect the injured patient, but the state of Kentucky as a whole. Medical errors hurt everyone. Most importantly, perhaps, is the fact that a small number of doctors seem to be responsible for the most errors. If more people filed med mal claims against these chronically negligent doctors, we would be making hospitals, doctors’ offices, and operating rooms across the state safer places.
What Our Clients are Saying
Since our firm’s founding in 2011, our medical malpractice lawyers have helped numerous clients recover compensation for a wide variety of medical errors. This includes a $1.75 million settlement for failure to diagnose and treat a client’s lung cancer in a timely manner. In addition, we have won numerous five- and six-figure settlements. Here is what one of our recent clients had to say:
“I consulted with two other attorneys before seeing Seth Gladstein. Both attorneys said they did not feel that I had a case. When I first spoke to Seth, he picked up on all the details of my situation . . . He put so much time and effort into my case. It was obvious he cared about me and my case, even going out of his way to come to the hospital while I was in for another surgery. Considering the complexities of my case, I was very satisfied with the outcome. The speed at which my case settled really surprised me.”
We pride ourselves on success stories like this. These outcomes push us to maintain our dedication to helping medical malpractice victims, and keep us fighting to help them achieve the justice that they deserve.
Frequently Asked Questions (FAQs)
I am too poor to pay a lawyer. What are my options?
At Gladstein Law Firm, PLLC, you don’t need to worry about being unable to afford our services. We charge no upfront fees because it is the quality of your claim that matters most to us, not your ability to pay. Our legal fees will be taken as a percentage of your eventual compensation – and if you receive no compensation, you will never receive a bill from us.
How will a court calculate “pain and suffering” damages?
Pain and suffering damages are intangible, but often amount to far more than the total of medical expenses and lost wages. A court will consider:
- The credibility of your testimony
- The testimony of expert medical witnesses
- Whether there is concrete physical evidence of your suffering (X-ray evidence, for example)
- Whether you are still alive (in a wrongful death lawsuit)
How long do I have to file a medical malpractice claim?
Under the Kentucky statute of limitations, you have:
- one year from the date of the malpractice to file a personal injury lawsuit;
- In the case of wrongful death, you have one year from the date of death to open an estate, and then one more year from the date that the estate is opened to file a wrongful death lawsuit; and
- you may be allowed an extension under certain circumstances – if your doctor concealed malpractice through fraudulent tampering with medical records, for example.
Will I have to reimburse the insurance company out of any compensation I receive?
Yes. You will have to reimburse the insurance company for any amounts it has already paid and that are covered by your compensation – otherwise, you would be compensated twice for the same injury. If you do not have insurance, a healthcare provider may want you to agree to a lien on any potential compensation in exchange for providing medical care. This lien will be enforceable against any compensation you receive, regardless of whether it comes in the form of a settlement or a lawsuit judgment.
What is the likelihood that my case will go to trial?
The U.S. Bureau of Justice estimates that fewer than 10 percent of all medical malpractice claims go to trial. The stronger your claim is, the less likely it is that the defendant will be willing to face trial.
Do I have to prove my claim beyond a reasonable doubt?
No, you don’t. Medical malpractice claims are decided on the preponderance of the evidence standard, which means roughly “more likely than not.” The punitive damages portion of your claim, if any, must be decided by the tougher “clear and convincing evidence” standard. The “beyond a reasonable doubt” standard applies only to criminal prosecutions.
What is a Functional Capacity Evaluation?
A Functional Capacity Evaluation (FCE) is likely if you claim a large amount in lost earnings. It is a medical evaluation designed to measure the degree of your occupational disability. An FCE can be important evidence if your injury prevents you from returning to your job.
Contact Louisville Medical Malpractice Lawyers at Gladstein Law Firm Today to Discuss Your Case
When you fall victim to medical malpractice, it can be difficult to know whom to trust. At Gladstein Law Firm, PLLC, we want to help you, and we want you to feel confident that your interests are our first priority. As a result, we offer all potential clients an initial consultation that is completely free with no strings attached. If you are in the hospital or your condition makes it difficult for you to travel, we will come to you. If you choose to work with us, we will not charge you any fees unless we win your case.
To schedule your free consultation, call our Louisville offices at (800) 991-0474 or contact us online today.