Medical Malpractice Rules in Kentucky
The deadline to file a medical malpractice claim in Kentucky, the discovery rule, and caps on damages.
Short answer: A negligence or malpractice lawsuit against a physician, surgeon, dentist or licensed hospital must be filed within one year. KRS 413.140(1)(e), (2)
| Medical malpractice deadline | A negligence or malpractice lawsuit against a physician, surgeon, dentist or licensed hospital must be filed within one year. The year starts when the injury is first discovered or reasonably should have been discovered, but the lawsuit must be filed no later than five years after the negligent act or omission. Source: KRS 413.140(1)(e), (2) |
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| Medical malpractice caps | No. The constitutional ban on limiting the amount recovered for injury or death (Section 54) also applies to medical malpractice cases, and no statutory cap on malpractice damages was found. Source: Ky. Const. § 54 |
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FAQ
What is the statute of limitations for medical malpractice in Kentucky?
A negligence or malpractice lawsuit against a physician, surgeon, dentist or licensed hospital must be filed within one year. The year starts when the injury is first discovered or reasonably should have been discovered, but the lawsuit must be filed no later than five years after the negligent act or omission.
Is there a cap on medical malpractice damages in Kentucky?
No. The constitutional ban on limiting the amount recovered for injury or death (Section 54) also applies to medical malpractice cases, and no statutory cap on malpractice damages was found.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.