Yes, Kentucky has a time limit when it comes to filing a medical malpractice claim. If you or a loved one has suffered serious injuries because of medical malpractice, you should speak with a Louisville medical malpractice attorney right away to avoid missing the statute of limitations for filing a claim.
Statute of Limitations for Medical Malpractice Lawsuits and Birth Injury Claims in Kentucky
In Kentucky, the statute of limitations to file a medical malpractice claim including birth injuries claims is one year from the date when you knew or should have known that medical malpractice occurred. In some cases in which the patient died, the statute of limitations could be extended to 2 years.
Typically, this means that if you fail to file your lawsuit during this period of time, then you may not be able to ever bring a lawsuit. But, if the injury is not discovered immediately, then the statute of limitations does not begin until the time of discovery, which cannot exceed a period of five years.
If the spouse of the victim is filing a Kentucky medical malpractice claim for loss of consortium, the statute of limitations will be one year, despite whether death was involved.
For a minor, the statute of limitations is "tolled," which means that it is put on hold or is paused until the minor turns 18 years of age or marries. From that point on, the minor has one year within which to file a medical malpractice lawsuit.
Since the statute of limitations for filing a Kentucky medical malpractice claim can vary depending on your circumstances, it's best that you speak with a medical malpractice attorney as soon as possible. Your attorney will explain how Kentucky's statute of limitations applies to your case.
Contact a Louisville Medical Malpractice Lawyer
A Louisville medical malpractice attorney at Gray and White Law can help you handle every aspect of your medical malpractice claim including gathering and analyzing evidence and expert testimony to help defend your claim.
Your attorney can also give you an estimate of the compensation to which you may be entitled, such as:
- current and future medical expenses;
- pain and suffering;
- lost wages, diminished quality of life; and
- wrongful death (in the event the negligence proved fatal).
Your Kentucky medical malpractice claim could be against your doctors, nurses, pharmacist or the hospital. With so many parties involved and a tight deadline looming, you should waste no time in contacting a Louisville medical malpractice attorney.
Contact Gray and White Law today by submitting the form on the page or by calling 888-450-4456 to discuss your case with an experienced attorney for free, and with no-obligation.