Spencer Law Group
Kentucky Medical Malpractice Laws
In Kentucky, the statute of limitations to file a medical malpractice claim is one year from the date when you knew or should have known that medical malpractice occurred. In some cases in which the patient died, the statute of limitations may be extended to 2 years.
Typically, this means that if you fail to file your lawsuit during this period of time, then you may not be able to ever bring a lawsuit. However, if the injury is not discovered immediately, then the statute of limitations does not begin until the time of discovery, which may not exceed a period of five years.
For a minor, the statute of limitations is “tolled,” which means that it is put on hold or is paused until the minor turns 18 years of age or marries. From that point on, the minor has one year within which to file a medical malpractice lawsuit.
Since the statute of limitations for filing a Kentucky medical malpractice claim can vary depending on your circumstances, it’s best that you speak with a medical malpractice attorney at Spencer Law Group as soon as possible. Your attorney will explain how Kentucky’s statute of limitations applies to your case.