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Kentucky's medical malpractice laws

When a Kentucky resident sees a physician, dentist, surgeon or other health care professional, the patient should be able to trust in the level of care that is provided. In many cases, that can and does happen. However, this is sadly not able to happen all of the time. Medical errors can and do happen and they can result in serious injury or even death to innocent people. In the wake of such tragedies, what type of options do people have for compensation?

According to the Kentucky Legislature, residents in the state have a set of amount of time relative to the date of an injury in which to initiate any official medical malpractice claims. This is referred to as a statute of limitations. The general statute of limitations says that any claim must be made within 12 months of the date that a person was injured.

Because not all injuries are evident at the time that they occur, such as with a missed or incorrect diagnosis, the law also allows for claims to be made within 12 months of the date that a person learned about an injury. The ability to bring a claim against a provider or facility is, however, limited to a span of 60 months after the actual date of injury.

When it comes to compensation, some states put limits on the amount of money that people may be awarded for non-economic damages. The National Conference of State Legislatures indicates that Kentucy has no such limit. There is also no limit on the amount of money that can be awarded for attorney's fees in these cases in Kentucky.

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