Medical Malpractice Cases Statute of Limitations in Kentucky

July 1, 2016 | Crandall & Pera Law
Medical Malpractice Cases Statute of Limitations in Kentucky

If someone were to ask me, what is the statute of limitations for malpractice case in Kentucky, what I would tell them is that they have one year from the date that they reasonably should have known that the injury they suffered was due to a medical care provider’s negligence. Now a good example of that would be this case I handled a number of years ago. A gentleman was going in for a routine surgery, and he had to have a preoperative x-ray. And that x-ray revealed that he had a hemostat in his stomach.

And a hemostat, just think of it as a big pair of pliers, about this big, the surgeon uses when they operate. Well this gentleman hadn't had surgery for 10 years. And, we knew, obviously, a hemostat shouldn't have been left in during surgery, that he had been malpracticed 10 years earlier. The law allows for him to still bring that claim because he had no reason to know that the doctor had malpracticed him until he got news of this x-ray.

Now another caveat to the statute of limitations is that if a physician or nurse injures you, and they continue to treat you for that injury, until their treatment ends the statute of limitations does not begin. So if a doctor injures you during a surgery and you have complications and you're in the hospital for months on end being treated for that, until that doctor finishes his treatment of those complications, your statute of limitations is on hold. But once that treatment ends, that one year time period begins to run.

Another caveat is in the instance of death. If for some reason the medical care provider should commit malpractice and it results in your death, then you will have up to one year after a personal representative has been appointed for your estate not to exceed two years. There are other nuances to the statute of limitations, and every case is a little different. If you have any questions whatsoever, I would suggest you contact Crandall & Pera Law or another qualified attorney and explain to them your situation, because if you let the time run out, there is no way we can fix it.

The statute of limitations for filing a medical malpractice claim in Kentucky is just one short year. Every case is different, but time is always of the essence when pursuing a medical negligence case. If you believe that you or a loved one has been the victim of medical negligence, there is no substitute for experienced legal counsel on your side.

How Kentucky defines one year

There is always some confusion over when, exactly, the one-year limitation expires. The limitation begins after treatment ends and as soon as you can reasonably be expected to know that a medical provider has caused you harm. While certain specific claims can be filed outside that one-year window, it is rare that the court will allow older cases to be heard. Exceptions exist, but your best chance to recover damages for your injury or illness is to file a claim as soon as possible.

Filing a medical negligence claim within one year of an injury or illness can be a daunting task. Often, you and your family are struggling to recover from the emotional and financial toll that results from a serious health problem. The experienced and compassionate Kentucky medical malpractice attorneys at Crandall & Pera Law can provide relief and answers in your time of need. Our team will evaluate your case and get you the compensation you need to get back to normal. For a free consultation, call 877.651.7764 or contact us today.