Medical malpractice claims are known in the legal field for their complexity. They are time-consuming and require a vast knowledge of the law and medicine.
For victims, medical malpractice claims can be crushing. Not only have they suffered injuries, but they have been harmed by a once-trusted medical provider.
If you were the victim of medical malpractice, the following sets forth the general requirements for a medical malpractice claim in Kentucky. Keep in mind that every medical malpractice claim is unique and needs to be properly reviewed by a Louisville medical malpractice attorney.
What Is Medical Malpractice in Kentucky?
Legally, a medical provider in Kentucky has committed malpractice when:
- Their service falls below the expected level of care and skill for their profession; and
- This negligence is the proximate cause of the patient’s injury or death.
Proving a successful medical malpractice claim requires building the strongest negligence case possible against the at-fault medical provider.
Proving Negligence in a Kentucky Medical Malpractice Claim
Proving negligence is key to winning a Kentucky medical malpractice claim. Negligence is composed of the following elements:
- There was an existing doctor-patient relationship;
- The doctor or medical provider failed to meet the standard of care for their profession when treating the patient;
- This failure directly resulted in an injury to the patient; and
- The injury caused the patient some type of recoverable damages (pain, loss of income, loss of enjoyment of life).
A patient’s dissatisfaction with a treatment does not constitute medical malpractice. Also, a patient must suffer recoverable damages due to their injury. Without any compensable loss, there is no medical malpractice claim.
There is a One-Year Medical Malpractice Statute of Limitations in Kentucky
Kentucky has a one-year statute of limitations or deadline within which to file a medical malpractice claim. The statute of limitations triggers when a patient:
- First discovers their injury; or
- In the exercise of reasonable care, should have discovered their injury.
There are limited exceptions to Kentucky’s one-year statute of limitations.
The Continuous Course of Treatment Doctrine
The continuous course of treatment doctrine extends the filing deadline for patients who received ongoing treatment from the same medical provider as this care situation may impair patient judgment.
Minors and the Disabled
There are extensions for patients who were minors at the time of an injury as well as those who were disabled. For minors, the statute of limitations begins to run on their eighteenth birthday or upon marriage. They then have one year to file their medical malpractice claim.
The one-year statute of limitation begins to accrue for the disabled once that disability is removed.
Contact an Experienced Louisville Medical Malpractice Attorney Today
Kentucky’s requirements for a medical malpractice claim are complicated. Determining if you fall under the one-year statute of limitations or if you qualify for a time extension is confusing. Getting a Louisville personal injury lawyer on your side can help you understand your legal rights.
Do not leave your case to chance. Contact the Louisville medical malpractice attorneys at Dolt, Thompson, Shepherd & Conway, PSC, for a complimentary consultation today.
Dolt, Thompson, Shepherd & Conway, PSC, offers compassionate, quality legal representation with an emphasis on personal service. Learn more about the medical malpractice claims process in Kentucky and whether you qualify for compensation by meeting with one of our knowledgeable attorneys.