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How can I prove medical negligence in Kentucky?

If you have suffered an injury due to a medical professional’s mistake, you are entitled to pursue legal action. According to the Kentucky statute of limitations, you have one year from the date of the event, the date you discovered the injury or the date the injury should have been known to you to file a medical malpractice lawsuit.

There is also a larger statute of repose that mandates that any medical negligence claim must be filed within five years of the negligent act. You should be aware that this statute is not always applicable to children, as they may have up until their 18th birthdays to file a claim, depending on the details of their case.

In order to have the best shot at winning your case, you will have to prove the following:

  • That the medical professional or facility had a duty to provide you care after you established a relationship
  • That the standard of medical care was breached
  • That the failure to act or improper act caused your injury
  • That the injury affected the quality of your life

The last point can be proved through a variety of ways, such as experiencing an injury that limited your ability to work or care for your family. You may also be able to prove that your life expectancy has been shortened or that you will face extensive medical treatment and rehabilitation.

According to the National Conference of State Legislatures, there is no medical malpractice cap on damages in Kentucky. Therefore, if you have been severely injured, you may be eligible for compensation for the fullest extent of damages.

While this information may be useful, it should not be taken as legal advice.