Chemotherapy overdose is a type of medical or pharmaceutical malpractice. Your injury happened because you were given too much chemotherapy when someone such as a doctor, nurse, or pharmacist acted negligently. Accordingly, you may have the right to file a lawsuit in a Kentucky court, but you have to do so before the personal injury statute of limitations expires.
Act Quickly to Protect Your Rights
Kentucky has one of the shortest statutes of limitations for personal injury claims in the nation. In most chemotherapy overdose cases, you will have just one year to file a lawsuit in court. Your case may not be heard by the court within a year, but your complaint must start the litigation process within one year.
The year begins on the date you knew, or should have reasonably known, that you were hurt by a chemotherapy overdose. Some limited exceptions apply to the one-year rule, however. For example, if you were under the age of 18 when you were injured and your parent or guardian failed to bring a lawsuit on your behalf, the statute of limitations will begin on your 18th birthday.
If you fail to file your lawsuit within one year and you try to file it after the statute of limitations has expired, you should expect the defendant(s) that you name in the lawsuit to make a motion with the court to dismiss your case. Unless there are unusual circumstance, the court will grant the motion, and you will not recover any financial compensation for the serious harm you’ve suffered.
Our experienced chemotherapy overdose legal team does not want you to forego the compensation you deserve because you did not act quickly enough. Instead, we want to help you hold the right parties accountable for the serious injuries you’ve suffered. Contact us as soon as possible after you’re hurt so that we can make sure all of your rights are protected and all applicable deadlines are met.