Every state has a law known as a statute of limitations that specifies how much time an injured person has to file a lawsuit. Kentucky’s medical malpractice statute of limitations is shorter than many other states. In Kentucky, you have just one year from the time you learned you were injured, or should have reasonably learned that you were injured, to file a lawsuit.
What Happens If You Miss the Deadline
While you can still file your lawsuit after the statute of limitations has passed, you should expect the defendant’s attorney to file a motion to dismiss with the court if you try to do so. The court will grant the defendant’s motion. Your case will be dismissed without you ever recovering any financial damages for the injury you suffered because of medical malpractice.
Statute of Limitations Exceptions
In some specific circumstances, the statute of limitations may be tolled or stopped. This most often occurs when a child is hurt by medical malpractice. When a minor suffers an injury due to a delay in medical care, the statute of limitations begins to run on the person’s 18th birthday unless a parent or guardian has already brought a medical malpractice case.
How to File a Lawsuit
The complaint that you file with the court must contain all required information, explain why you are legally entitled to damages, and explain what damages you seek.
Do not take this step on your own. Instead, contact the experienced medical malpractice lawyers of Gray and White Law for a free, no-obligation consultation about filing a medical malpractice case long before the statute of limitation expires.