Last updated on August 4th, 2023
If you think you’ve been harmed by a healthcare provider’s failure to meet the appropriate standard of care, you typically have the option of filing a medical malpractice lawsuit in the state courts. But, first, you should be aware of the Kentucky medical malpractice statute of limitations.
The initial hurdle in filing a malpractice suit is to prove that you have filed in a timely manner. Kentucky’s law governing the statute of limitations for medical malpractice lawsuits requires that this kind of case must be filed within one year “after the cause of action accrued.”
A cause of action accrues when the injury is first discovered or, in the exercise of reasonable care, should have been discovered.
Never assume you have plenty of time to take legal action, as time is extremely limited. Call our medical malpractice lawyers immediately.
A statute of limitations is a legal time limit set by the state that determines the maximum amount of time a person has to bring a lawsuit. In Kentucky, like in many other states, different types of cases have different statutes of limitations. It’s essential to be aware of these time limits because if you fail to file a lawsuit within the specified timeframe, you may lose your right to seek legal action.
Statutes of limitations serve several purposes. They provide a sense of closure and finality to legal disputes by encouraging parties to bring claims promptly. They also protect defendants from being sued for events that occurred many years ago when evidence or witnesses may no longer be available. Additionally, statutes of limitations help maintain the integrity of the legal system by ensuring that cases are resolved in a timely manner.
As mentioned, the statute of limitations in Kentucky is only one short year. Don’t wait until it’s too late – reach out to our experienced attorneys today to discuss your legal options.
Like many other states, Kentucky has a so-called “discovery rule” which starts the clock on the statute of limitations once the plaintiff knew, or should have known, of the medical negligence.
This rule entails knowledge that a plaintiff has a basis for a claim before the statute of limitations begins to run. The knowledge necessary to trigger the statute is two-pronged. The plaintiff must know: (1) he has been wronged, and (2) by whom the wrong has been committed.
In several instances, the statute may be “tolled,” which means it is put on hold or paused.
For a minor, the statute of limitations is tolled until the minor turns 18 years of age or marries. From that point on, the minor has one year within which to file a medical malpractice lawsuit.
The Kentucky statute of limitations is also tolled in the following situations:
The Kentucky malpractice law provides that the outer time limit to file any malpractice action is five years. However, this provision was held unconstitutional by the Kentucky Supreme Court in McCollum v. Sisters of Charity of Nazareth Health Corp.
In the McCollum case, the plaintiff had an operation on his femur and only began to feel pain 13 years later, the result of an orthopedic screw that had been left in the tissue of his leg. Although the defendants argued that the case was being brought more than five years later, the court held that the five-year limitation infringes the Kentucky Consitution’s “open courts” provisions guaranteeing each person the right to sue for injuries.
Even though a plaintiff who knows (or should have known) about negligent medical treatment generally must file suit within one year, the time limit can be extended if the patient received continuous treatment from the same healthcare provider. In adopting the “continuous course of treatment doctrine,” the Kentucky Supreme Court explained that “while treatment continues, the patient’s ability to make an informed judgment as to negligent treatment is impaired.”
AN EXPERT TIP FROM DOUG MANN
The rationale behind this doctrine is that if a patient continues to be treated by a physician, the patient should not be required to interrupt the treatment to bring suit simply because a statute of limitations is about to run. The trust and confidence that is a hallmark of the doctor-patient relationship puts the patient at a disadvantage to question the doctor’s techniques and allows the patient to rely on the doctor’s skill without interrupting a continuing course of treatment.
If the deadline to file a medical malpractice claim expires, the injured party typically loses the right to seek compensation through the courts. This means that even if there is clear evidence of medical negligence, the court will likely dismiss the case because the statute of limitations ran out.
Missing the deadline can have severe consequences, leaving patients to bear the financial burdens of additional medical costs, lost wages, and other damages without any legal recourse. Therefore, it is in your best interest to engage a medical malpractice lawyer as soon as you suspect an error to ensure your claim is filed within the required timeframe.
Kentucky has specific provisions for minors who are victims of medical malpractice. For kids under 18, the countdown on the statute of limitations doesn’t start until they hit their 18th birthday or when they marry. They then have one year from that date to file a medical malpractice claim. This time allowance allows minors to understand their injuries and make an informed decision regarding pursuing justice.
There are exceptions, though. If a child is injured at birth or very young, parents or guardians may need to file a claim on the child’s behalf within the standard one-year period if the injury is discovered early. For cases involving birth injuries, initiating a lawsuit against a qualified medical professional can be challenging, making it very important to seek help from a medical malpractice attorney to protect the child’s rights.
When you engage a medical malpractice lawyer in Kentucky, you are sure to enjoy valuable assistance throughout the claim process. Here are some ways your lawyer can help:
If you have suffered from a medical malpractice mistake, we encourage you to learn more about your rights and your possible recovery by contacting us as soon as possible. Kentucky court filing deadlines are rigid, and you don’t want to lose your opportunity for a full and fair financial recovery from any injury that you suffered as a result of medical malpractice. Contact now to Dyer, Garofalo, Mann & Schultz to learn more about the Kentucky medical malpractice statute of limitations and fight for your rights on time.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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