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Protecting the Rights of the Injured for More than 40 Years

Time limits apply to medical malpractice claims in Kentucky

Dealing with the shock of being the victim of medical malpractice is something that can take time to get over. It is important that anyone who has been harmed by a medical professional to understand the statues governing their right to seek compensation for any injuries incurred as a result of medical malpractice or medical negligence.

One of the most important factors that victims of medical malpractice in Kentucky should be aware of is that there is a time limit that governs when medical malpractice claims can be filed. According to Kentucky Revised Statutes §413.140 and §413.170, victims of medical malpractice have one year from the date of discovery of the malpractice or one year from the actual act of medical malpractice. In no instance can a medical malpractice claim be filed more than five years after the actual act of medical malpractice, even if the discovery of that malpractice is beyond the five-year limit.

The exception to the statutes of limitations on medical malpractice claims is for minors, according to National Conference of State Legislatures. When a minor is injured by medical malpractice, the time limits above are from the date of reaching the age of majority. If the claim is being made on behalf of a minor who is deceased, the time limits are made based on the date of death.

Whether you are a victim of hospital negligence, surgical errors, medication errors or doctor negligence, seeking compensation is your right. Knowing how to exercise your rights in Kentucky can help you to get started on the road to financial relief.

Source: National Conference of State Legislatures, "Medical Liability/Malpractice Statutes of Limitation" Aug. 01, 2014

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