Medical Malpractice in Kentucky
Statute of Limitations: 1 Year
Discovery: 1 Year from Discovery, but No More Than 5 Years from Injury
Liability Rules: Pure Comparative Fault
What You Should Know
Each state has their own set of time limits and exceptions or rules on when and how a medical malpractice case may be filed. A medical malpractice or medical liability case is a civil claim filed by a patient in pain or who has been injured by cause of a physician or health care provider due to negligence or omission. In short, if a patient is harmed before, during or after treatment, or due to lack of treatment, they may qualify in filing for a medical malpractice case. Below we cover a general outline of what you need to know in the case of filing a medical malpractice in the state of Kentucky.
Statute of Limitations
A Statute of Limitations is a deadline or time period in which you have to file a medical malpractice case. In Kentucky, a patient has one year as of the date they discovered, or should have reasonably discovered, that they were mistreated or harmed due to a physician or health care provider’s negligence or omission.
Before we get into any of the exceptions of filing a civil claim, let us first cover what must first be established or able to be proven in order to file a claim:
- The physician or health care provider owed the given patient any ‘duty’. For example, further treatment, alternate care, guidance, etc.
- The standard of care for the given illness or ailment failed to be met. Each surgery or treatment has a set of conditions, or standards, that must be met in order to be considered acceptable, or at the most basic level, complete.
- There is a compensable injury. Unfortunately not all injuries are compensable. A worst case scenario for medical malpractice is fatality. However, if there are reconcilable damage to the patient that can be rectified to some degree, that will help in filing a claim.
- Lastly, not only does it have to be proven that the standard of care was breached, but also that it was the cause of harm or damage to the patient. For example, if indeed a doctor did neglect the standard of care for a given treatment, but that was not the cause of harm or injury to the patient, it may not be enough to open a case.
Five Year Limit
So once the one year time limit starts, how do you know the clock is ticking? Even though there is technically a 12-month limit once the injury or harm should have reasonably been discovered, a patient has no more than 5 years to file a medical malpractice claim. In short, they have one year to file upon discovering the injury or harm, but no more than 5 years after the injury took place.
Damage Cap and Pure Comparative Fault System
Kentucky does not set a cap, or limit, on how much damage can be compensated in a medical malpractice claim. They do, however, follow the pure comparative fault system. This system states that if the patient is partially at fault of the malpractice claim on hand, they reduce their compensation by the percent in which they are held liable. For example, if a patient in Kentucky was to be awarded $50,000 in compensation, but was 50% liable, they would only receive $25,000.
Arizona does not set a cap, or limit, on how much damage can be compensated in a medical malpractice claim, or any civil claim for that matter. Damage is not limited to physical damage, either. If the pain or injury due to medical malpractice is keeping the patient from work, they may be eligible to be compensated for the time missed.
As you can see, there is a lot of information necessary to understand before even filing a medical malpractice case in Kentucky. It is, no doubt, a daunting endeavor; however, receiving just compensation or rectifying damage for the sake of you or your family’s health should be a top priority. It is best to seek an experienced team of attorneys to assist in filing a civil claim such as medical malpractice.
How Can We Help You?
If you or a loved one have been injured in the state of Kentucky, contact us at 432.570.1919 or email us using the form below for your free, no-obligation consultation. The Buckingham Barrera Law Firm has helped thousands of people in multiple states get the compensation they deserve for their injuries.