How Long Do I Have to File a Medical Malpractice Claim in Kentucky?

The state law that regulates the statute of limitations is Kentucky Revised Statutes § 413.140.

Under this law, you are required to file a civil lawsuit within one year of the date of the negligent act or the date you discovered the harm. It’s important to note that filing a civil complaint often comes after you’ve filed an insurance claim. In other words, you have to go through the entire insurance claim process before you can sue the insurance company.

They have to either deny your claim outright or put up a low settlement that is not satisfactory. That is when your attorney would recommend moving to file the lawsuit.

For minors, the one-year statute of limitations is paused until they turn 18. On that date, the one-year statute clock begins.

In a medical malpractice claim, the discovery rule can, in effect, extend the statute of limitations. Typically, the statute of limitations begins on the date of the incident.

For instance, in a car crash, the clock would start on the day of the accident.

That is not always possible with a medical malpractice lawsuit. For example, you may have undergone a procedure in which a surgical error occurred.

However, the harm caused by that error might not manifest for several months or possibly years. This is common in surgeries that involve placing devices in the body, such as a hip replacement or a stent.

When the patient discovers that the harm was caused by the procedure, the clock starts.

There are limitations to how long the discover rule provides protection. This is referred to as the statute of repose. In Kentucky, the statute of repose is five years. If you discover the injury after five years of the procedure, you will not be able to file a lawsuit.

There are exceptions to the statute of limitations that apply to mental disability and fraudulent concealment. Here are the details that apply to these exceptions:

Mental Disability

If a person is determined to be “of unsound mind” at the time of the injury-causing incident, they are allowed to file their complaint within one year after the removal of the disability.

This applies to long-term disabilities and temporary impairments, such as those caused by a traumatic brain injury. The statute will begin when it is determined that the patient is legally competent.

Fraudulent Concealment

If the medical professional intentionally hides a mistake or conceals facts that would inform a patient they were harmed, the one-year clock is paused until the patient discovers the nature of the harm.

The first question you should be asked by a skilled medical malpractice attorney is when you discovered the harm. If you’ve missed the filing deadline, there is not much that can be done to pursue your claim.

At McCoy & Hiestand, PLC, when we’re presented with a medical malpractice claim that has merit, we will spring into action to ensure that our clients meet all the filing deadlines.

Part of the filing process involves obtaining a Certificate of Merit from a medical practitioner that verifies your claim and asserts there is reasonable cause for the complaint. We’ll also gather all the necessary evidence to support your claim. That includes all the relevant medical records and expert testimony.

Our goal remains the maximum settlement amount allowed for our clients.

We accomplish that through fierce negotiations and powerful litigation. That support begins with your first free consultation with our firm. Call to schedule your talk today before the clock runs out.