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Kentucky · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in Kentucky

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Filing deadline1 year from discovery — one of the shortest SOLs in the USKRS § 411.167

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Kentucky?

KRS § 413.140(1)(e), (2): 1-year SOL from the date the injury is discovered or should have been discovered; no action more than 5 years after the negligent act (§ 413.140(2)). Certificate of merit required with the complaint (KRS § 411.167). Minors: 1 year after turning 18 (KRS § 413.170(1)). A lawyer can confirm yours.

1 year from discovery — one of the shortest SOLs in the US

Source: KRS § 411.167

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Kentucky has a 1-year statute of limitations for medical malpractice — one of the shortest in the country — from the date the injury was discovered or should have been discovered. There is no hard statute of repose. Kentucky has no cap on malpractice damages. Kentucky requires a 75-day pre-litigation notice to the defendant and a review by a mediation panel before suit can be filed.

Jefferson County Circuit Court

600 W Jefferson St, Louisville, KY 40202

Court website

Medical facilities in Kentucky

  • University of Kentucky Chandler Medical Center — Level I Trauma Center

  • Norton Healthcare — Louisville

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Kentucky.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Kentucky? Read what applies in your state.

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Sources

  1. KRS § 411.167