Arguably one of the most important questions to ask yourself when you believe you may have been a victim of medical malpractice is, “Do I have a case?” Understanding how the state of Kentucky determines whether a medical professional has acted in negligence is critical, as this will determine your rights in regard to financial compensation for your losses.
Continue reading to learn more about how the medical malpractice claims process works in Kentucky, what the grounds for a claim are, and other medical malpractice laws you need to know.
What You Need to Know about the Malpractice Claims Process
A couple of the essential points when it comes to grounds for a medical malpractice claim include whether the healthcare provider compromised the medical standard of care and whether their actions played an integral part in your suffering.
If the standard of care was compromised and the healthcare provider’s actions were the cause of the patient’s injury or illness, then the patient will likely have a viable medical malpractice lawsuit to be filed in Kentucky civil court.
Medical Malpractice Statute of Limitations in Kentucky
In addition to having grounds for a medical malpractice claim, you will also need to be sure to act quickly once you have made the decision to file a lawsuit. The statute of limitations is very short for medical malpractice claims in Kentucky, and you’ll only have one year from the date you became injured or ill to file your claim in the Kentucky civil courts.
The statute of repose allows for a maximum of five years to pass if the medical error in question was not discovered until a later date. This means that no matter when you found out about the medical error, if a claim is not filed within five years from the date of the error, the statute of repose will expire.
If you miss either of these deadlines, your case will more than likely be dismissed by the judge and you’ll lose your chance to hold your negligent caregiver accountable for their actions.
Schedule Your Free Consultation with a KY Medical Malpractice Lawyer
When you are ready to hold a reckless medical professional accountable for their actions, enlist the services of a respected Kentucky medical malpractice lawyer at Wilt Injury Lawyers. Our firm proudly offers free consultations to injury survivors across the state of Kentucky.