April 05, 2020

How Long Do I Have to File a Medical Malpractice Claim?

Are you a victim of medical malpractice? Are you unsure whether you have a viable claim or what it will take to move forward with civil lawsuit? You need these questions answered, and time is of the essence. 

If you don’t file your claim before the statute of limitations expires, your medical malpractice lawsuit will be dismissed. Continue reading to learn more about the Kentucky statute of limitations and how the statute of repose could have an impact on your ability to pursue a personal injury lawsuit

Kentucky Statute of Limitations

The statute of limitations in Kentucky for medical malpractice lawsuits is one year. You have one year from the date the medical error occurred to file your lawsuit in civil court. 

However, you may be wondering what happens if you couldn’t have known of the medical error within one year, and, instead, discovered the medical negligence at a later date. In these cases, the statute of repose would protect your right to seek financial compensation.

The Statute of Repose in Kentucky

The statute of repose is a type of statute of limitations that protects victims of medical malpractice. It gives victims an extended time frame of five years to file. 

If you were unable to discover the medical negligence within the one-year statute of limitations, but discovered it before five years from the date the error occurred, you may still pursue a medical malpractice lawsuit against the at-fault party. 

But, it is important to note that the five-year statute of repose is firm. If you don’t discover the mistake or couldn’t have known an error occurred, the five-year limit will still apply, no matter how much time has passed. 

Reach Out to a Medical Malpractice Lawyer in Kentucky

If you are interested in pursuing a medical negligence lawsuit but aren’t sure whether the statute of limitations has expired in your case, get in touch with a respected Kentucky medical malpractice lawyer at Wilt and Thompson, PLLC

You can call our office at 502-253-9110 or submit the online contact form at the bottom of this page when you are ready to schedule a free, no-obligation consultation.