What is the date of ʺoccurrenceʺ in a medical malpractice claim?

In a medical malpractice claim, the date of occurrence usually refers to the day the negligent act occurred. In Louisville, a malpractice attorney will advise you not to wait too long after the date of occurrence to file a claim because there are statutes of limitations that may apply. 

Statute of Limitations in Kentucky 

The statute of limitations is the time period within which legal action may be taken. In Kentucky, you have one year from the date of occurrence to file a lawsuit for medical malpractice. 

However, there is an exception to this time limit. If it is determined that the act or omission relating to professional negligence could not have reasonably been discovered within one year, you have up to five years to file a medical malpractice claim. 

Variations of Date of Occurrence 

Every medical malpractice claim is different. Depending on the court, the occurrence date could be based on: 

  • when the act or omission happened;
  • when the injury actually occurred;
  • when the injury was or should have been discovered; or
  • when treatment was over. 

 

The laws surrounding medical malpractice are complicated. If you do not act within the specified amount of time allowed, you may miss your opportunity to seek justice or compensation for professional malpractice. This is why it is important to speak to a Louisville malpractice attorney to discuss your options before it is too late. 

Call a Louisville Malpractice Attorney 

A lack of competent care may have devastating effects on patients. The Louisville malpractice attorneys at Gray & White Law understand these costs. We have represented many Kentuckians who have fallen victim to medical malpractice and won them sizeable compensation. Call us today and schedule a free consultation with one of our expert Louisville malpractice attorneys: 502-210-8942 or 888-450-4456.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law