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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If a doctor violates an article of my Patients Bill of

Customer Question

If a doctor violates an article of my Patients Bill of Rights, can I file a lawsuit?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under KY law, only a violation of your patient's bill of rights is not enough for a lawsuit. In order to sue the doctor, you have to prove he was negligent, meaning acted below the reasonable standard of care (violation of your bill of rights is part of the evidence of him being below the reasonable standard of care), but you also have to prove as a direct result of that negligence you suffered injury or harm or damages.

So yes, if you suffered injury or harm from violation of the patient bill of rights, then you could sue by proving that harm and that it was caused directly from the violation of your rights, which is negligence. You would under KY law need a licensed doctor to testify in court as to how this conduct violated the standard of care (see: Deutsch v. Shein, 597 S.W.2d 141 (Ky. 1980)).