Medical And Legal Malpractice

Medical Malpractice

When we are sick or in need of care, we place our trust, as well as our health and our very lives, in the hands of doctors, hospitals and medical professionals with the education and training to treat us and care for us properly. When physicians and other health care providers fail to perform their jobs with the necessary degree of competence or care, they can and should be held liable for the damage their medical malpractice has caused. For the personal injury and wrongful death attorneys at the Louisville law firm of Ewing & Willis, medical negligence is a particular area of focus and concern.

These Cases Are Often Challenging And Complex

Proving a case of medical negligence usually requires proving that a physician failed to perform according to the acceptable standard of care expected of other doctors in the region of comparable education or training. Often this requires the use of medical experts to testify as to the appropriate level of care and also to give their opinion as to whether the doctor in question failed to live up to that standard on the occasion in question. Both sides have their own experts, and the testimony can be quite technical and difficult to understand. At Ewing & Willis, our experienced courtroom litigators are skilled in the art of communicating with juries; we work to present even the most complicated medical testimony in an understandable and persuasive manner.

Legal Malpractice

A lawyer commits legal malpractice when he or she fails to provide quality legal services to a client to a degree that the service falls below acceptable standards within the profession. This means that during the representation of a client, if a lawyer does something, or fails to do something, that a reasonably competent lawyer would and should do, and the client suffers as a result of it, the lawyer has likely committed legal malpractice. Typical legal malpractice claims might involve:

  • Your case being dismissed because your lawyer didn't do something that he or she was required to do
  • Your lawyer failing to sue the proper parties
  • Your lawyer failing to file your lawsuit within the recognized timeframe for filing the claim
  • Your lawyer failing to abide by court orders or missing other important deadlines in your case

If you are thinking about suing your lawyer, you will need to discuss this immediately to determine if you have a legitimate legal malpractice case or even if you can still hire another lawyer to repair any damage already done to your case.

You Will Need Strong Representation

In Kentucky and Indiana, few lawsuits are as difficult, expensive and as vigorously defended by experienced insurance lawyers as legal malpractice lawsuits. In legal malpractice cases, the burden is on the client to show that the client would have won the underlying case if the lawyer had not been incompetent or otherwise made an unacceptable mistake. The insurance companies have unlimited resources to defend lawyers and law firms with the goal being to avoid compensating injured or wronged clients.

If you suspect that you or a loved one has suffered from legal malpractice, contact us immediately. Legal malpractice cases in Kentucky and Indiana have short time frames in which they must be filed, and proper investigation and review of the documents involved in the case and circumstances must occur before a lawsuit can be filed. We're committed to recovering the maximum compensation for clients who have been injured as a result of legal errors or malpractice. We have successfully litigated several legal malpractice cases including those involving failure to meet deadlines, failure to attend court and negligent litigation tactics.

The following case summary is a legal negligence case we have personally handled and litigated, and is provided for illustrative and informational purposes only. It is not meant to offer legal advice or take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

Julie P.

Julie P., a Floyd County, Indiana, woman, suffered severe neck and back injuries on the job, and she hired a New Albany, Indiana, attorney to pursue a workers' compensation case on her behalf due to her serious spinal injuries. The lawyer failed to file her workers' compensation claim within the time frame allowed by Indiana law. As a result, all of her claims were forever barred, and she was unable to pursue or recover any monetary compensation as a result of this critical mistake. We were retained to pursue a legal negligence case against the New Albany, Indiana, lawyer, and the case was settled shortly after the lawsuit was filed due to the clear nature of the lawyer's mistake, and the fact that her neck and back injuries suffered while she was working were clearly established.

Get Help For Your Professional Malpractice Case

In Louisville, call Ewing & Willis at 502-694-7420, or contact us online for a free consultation.