Question

How long do I have to sue my doctor in Kentucky for medical malpractice?

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H. Philip Grossman - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: H. Philip Grossman

Located in Louisville, KYGrossman Green PLLC

Louisville, KY
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Answer

When it comes to medical malpractice claims in Kentucky, injured parties have a small window of time to file a lawsuit against a medical professional or hospital. This is known as the statute of limitations period.

Individuals who fail to file within the timeframe specified under the law are prohibited from seeking compensation for their injuries — regardless of the severity of the injury or incident.

Strict One-Year Limitations Period

Generally speaking, injured parties have one year from the date of their injury to file a lawsuit or pursue a claim against their doctor, nurse, hospital or other medical provider for medical malpractice. However, there are some instances when this rule does not apply.

An Exception To The One-Year Rule

Many people are not aware that they suffered an injury by the hands of a medical professional until months or even years after the incident occurred.

In these cases, Kentucky allows injured parties to pursue a lawsuit one year from the date they “discovered” the injury. Kentucky calls this the discovery period. Courts, however, will examine the date of discovery based on a reasonable person standard — in other words, when a reasonable person in similar circumstances knew or should have known of the injury.

There are some other exceptions to the strict one-year statute of limitations in the medical malpractice context and these exceptions may or may not apply in your case.  Therefore, it is extremely important that you speak to a lawyer as quickly as possible to address the applicable statute of limitations on a case by case basis.

Action Is Key To Preserving Your Claim

If you or a loved one has undergone a procedure with a medical professional or has met with a primary care physician or specialist about a specific medical condition and suspect medical negligence, you should speak to a legal professional sooner than later, even if you’re unsure.

A lawyer with knowledge in this area of law in Kentucky can assess your situation and take steps to protect and preserve your right to file a Kentucky medical malpractice lawsuit against an at-fault medical professional if the need arises. 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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