Every state, including Kentucky, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. The Kentucky medical malpractice statute of limitations is one year from discovery, with a maximum of five years from injury.
Medical malpractice law in Kentucky requires an expert testimony in order to prove that the health care provider did not provide appropriate standards of medical care. In the case of wrongful death, action can be brought about by a relative or personal representative of the deceased (spouse, child, parent, sibling, or power of attorney).
Those filing medical malpractice lawsuits in Kentucky have the burden of proof and must prove that negligence in duty of care, a breach of duty, proof of injury and proximate cause.
Costs, Requirements, and Limitations:
• Industry Average Cost of a Kentucky Medical Malpractice Insurance Policy: $9,959
• Is Medical Malpractice Insurance Required in Kentucky? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Kentucky: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Kentucky?None, which means plaintiffs can pursue larger totals of compensation than in other states.
• What is the “statute of limitations” for a medical malpractice complaint? 1 year, Kentucky Revised Statutes section 413.140.