Medical malpractice lawsuits are some of the most complicated types of injury claims in Kentucky. There are many different, complex laws that can significantly impact the outcome of a medical malpractice claim, one of which is the Kentucky statute of repose.
Below, we go into greater detail about what the statute of repose is and how it could influence your medical negligence claim so you are better prepared for what happens next.
Before we get into the statute of repose, we must first take a look at Kentucky’s statute of limitations. The statute of limitations sets a specific time limit of one year within which the injury victim must file a medical malpractice lawsuit. This means that the patient must get their claim filed before one year has passed since they became injured or ill due to a medical error.
The statute of limitations is a critical component of the claims process, as any patient pursuing a claim after the statute of limitations has expired can almost certainly expect their claim to be dismissed by the judge. However, your attorney at Wilt & Klausing, PLLC, will be well aware of when the statute of limitations expires in your case and will ensure that the medical malpractice claim is filed in a timely manner.
You may also be wondering what happens in cases where the patient didn’t discover that they were a victim of medical malpractice until much later, as is often the case with medical malpractice lawsuits. This is where the statute of repose is of utmost importance.
The statute of repose is quite similar to the statute of limitations in Kentucky, except that it sets a hard limit for how long a patient has to file a medical malpractice claim, without regard to when they discovered their injuries.
The statute of repose extends five years from the date that the medical error occurred. This means that the deadline for filing a medical malpractice claim can be extended for up to five years if the patient is unaware that they have been a victim of medical negligence.
A good example could be a patient who went for a routine gallbladder removal surgery. Her stomach continued to bother her for years after the fact, but hospital staff just told her that was normal with a gallbladder removal. However, during surgery, her surgeon had left a surgical sponge in her stomach that was causing her further issues.
When the sponge was discovered three years after her gallbladder was removed, the patient filed a medical malpractice lawsuit against the surgeon, and won. She was only able to file her claim after three years because of the statute of repose.
Additional questions regarding the statute of repose or the details of your civil lawsuit can be discussed during your free claim review with a dedicated Louisville medical malpractice lawyer at Wilt & Klausing, PLLC. You can schedule yours by visiting our website and submitting a quick contact form or calling our office at 502-253-9110.
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
