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What should I know about Kentucky medical malpractice claims?

Dealing with improper medical care is something that comes with some level of emotional and physical impacts. The simple knowledge that you are suffering physically because of choices your doctor made regarding your care is stressful. At some point, you might decide to seek compensation to help you deal with the monetary aspects of the medical malpractice. It is important for you to get some basic information to help you make an informed choice.

How long do I have to file my claim?

In Kentucky, you have one year to file claims for personal injury cases, according to FindLaw. This statute of limitations does include medical malpractice claims. It is possible that the time might not start on the date of the malpractice incident. In some cases, such as with hospital errors or medication errors, the knowledge of an issue might not occur right away. In that case, the statue of limitations regarding time starts from when the knowledge of the error is made or from when it reasonably should have been made. Of course, the laws governing these types of cases can be complex, so making sure you are complying with these laws requires proper experience with the interpretation of the law.

What are the limits for compensation?

Kentucky doesn't have damage award limits or caps. Per Kentucky Constitution §54, the General Assembly doesn't have the right to institute any limits on financial compensation for cases involving personal injury or wrongful death.

How hard is it to prove medical malpractice?

It can be rather difficult, but with proper experience it is possible. Kentucky §65-4915 requires that medical malpractice cases go before a peer review committee. This means that from the outset of the case, you have to be ready to prove your claims in a manner that sufficiently shows that the medical professional didn't follow acceptable standards of care for your condition.

Source: National Conference of State Legislatures, "Medical Liability/Medical Malpractice Laws" Aug. 28, 2014

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