Kentucky Medical Malpractice Laws

Kentucky Medical Malpractice Laws

The term medical malpractice refers to the negligence of a doctor, nurse, hospital, or other health care professional. This type of negligence can have devastating effects on patients and their family members, so it’s important that you know your rights if you believe that someone has been negligent in providing care for you. 

Kentucky medical malpractice laws are designed to protect the public from negligent doctors. Here’s what you can expect from your state laws. 

Kentucky Medical Malpractice Statute of Limitations

Kentucky has a one-year statute of limitations for medical malpractice claims. This means you must file your claim within one year after the time you knew, or should have known, that you had been injured by the doctor's medical negligence. Because you may not know about the injury right away, you have a five-year deadline following the injury to sue.

In case you fail to file a lawsuit before the one-year deadline has passed, then your case will likely be thrown out. That means the funds for damages caused by your medical malpractice case will be gone forever.  

Suing For Medical Malpractice in Kentucky

If you believe a medical professional committed malpractice against you, remember that the burden of proof in medical malpractice cases is a preponderance of evidence. If 51 percent or more of the evidence presented by your lawyer suggests negligence of the doctor or nurse, then your chances are much higher of winning the case.

There are three categories of medical malpractice cases—those caused by an act, those caused by a failure to act, and those that occurred because of a mistake in judgment or skill.

In medical malpractice lawsuits, it’s important to understand that you do not necessarily need clear evidence against one single doctor. You instead need to prove that the hospital, health care facility, or other institution was negligent in their hiring practices and should be held accountable.

What Damages Can I Recover if I File a Medical Malpractice Lawsuit?

If you’ve been injured by your doctor, you may need help recovering from the damages you’ve suffered because of their actions. Here are common types of medical malpractice damages that you may be able to recover if you file a medical malpractice lawsuit in Kentucky:

  • Loss of earning capacity

  • Loss of consortium (companionship and sexual relations)

  • Loss of household services

  • Pain and suffering costs for medical care

Who Takes Responsibility in a Kentucky Medical Malpractice Lawsuit?

Kentucky medical malpractice laws state that you can sue the negligent doctor or nurse, as well as their employer. If your case is successful, then both the individual who committed negligence and also their employer may be held accountable for damages caused by medical malpractice. You and your lawyer can work together to gather evidence for your claim. 

Contact an Experienced Kentucky Medical Malpractice Lawyer

If you have been the victim of medical malpractice in Kentucky, you may need an experienced Louisville medical malpractice attorney. The lawyers at Wilt and Thompson, PLLC can review your case and determine if a lawsuit is necessary to protect your legal rights. When you’re ready to act, reach out for a free consultation by calling 502-253-9110 or by visiting us online. 

About the Author:

Wilt and Associates, LLC

The legal team at Wilt and Associates, LLC , leverages the background that our attorneys and their staff have in defending doctors and insurers to benefit plaintiffs in medical malpractice and personal injury lawsuits. Wilt and Associates, LLC , represents clients across Kentucky, as well as select personal injury clients in Ohio. We will fight to earn you the settlement you deserve.... View full business profile here: Wilt and Associates, LLC

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