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
In order to have grounds for a medical malpractice lawsuit, the first step is to file your proposed medical malpractice claim with a medical review panel. This panel will consist of three medical professionals and one attorney. The medical review panel will be responsible for making a decision as to whether you have grounds for a medical malpractice lawsuit.
The medical review panel will review your medical records, witness statements, and other supporting documentation of your condition and issue a decision within thirty days of your filing your proposed complaint.
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 panel finds that the standard of care was compromised and the healthcare provider’s actions were the cause of the patient’s injury or illness, then the panel will almost certainly allow a 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 & Klausing, PLLC. Our firm proudly offers free consultations to injury survivors across the state of Kentucky.
To take advantage of this opportunity, you can reach out to us by phone at 502-253-9110 or submit the online contact form below and we’ll be in touch.