In Kentucky, you must resolve your case or file your medical malpractice claim within one (1) year of the date of malpractice. The clock begins to run on the day of the negligent care or error. However, there are some situations where a patient may argue that the statute of limitations begins to run from a different date. Such situations include where the patient was unaware of the negligence. For clarity, if a surgeon amputates the wrong leg, the patient has 1 year from the date of the botched surgery to settle the claim or file a lawsuit. On the other hand, if a surgeon leaves a foreign object inside the patient’s body and the foreign object is not discovered until years later when an infection develops or an x-ray shows the object, the patient would argue that the 1 year period begins to run as of the date of discovery. This is one of several examples of situations in which a patient may argue for a different time period than 1 year from the date of negligence.
This deadline is called the statute of limitations. If the patient fails to timely resolve (settle) or file a lawsuit, the patient will lose their right to legal action.
When Should I File My Medical Malpractice Claim?
If you feel as if you were the victim of medical neglect, you should consult a lawyer as soon as possible. Time is of the essence as evidence can disappear, witnesses’ memories fade, etc. Additionally, your lawyer can help ensure you do not miss your filing deadline.
In some cases, your lawyer may advise you to wait for a medical prognosis to determine how much your claim is worth. Still, hiring an attorney sooner rather than later can help you take important steps, like documenting how your injury affects you over time. Your lawyer can use this information to better estimate the value of your claim.
Put simply, it is never too early to begin preparing your medical malpractice case. Start talking to attorneys immediately after an accident or error or as soon as you receive a diagnosis.
Where Can I Find the Deadline for Medical Malpractice Claims?
You can find information about Kentucky statutes of limitations for medical malpractice at Kentucky Revised Statutes section 413.140(1)(e).
If you have questions about the law, or you want to know how the law applies to your case, specifically, we encourage you to contact Attorney Brett Oppenheimer.
Brett has over 30 years of legal experience, is respected throughout the community, and will be personally involved in your case from start to finish.
Our team never charges legal fees unless we win your case, so do not hesitate to schedule a free consultation – call us at (502) 242-8877 to speak to Brett ASAP.