Medical malpractice law in Kentucky requires that any medical malpractice action be brought forward within one year of the time of injury or fatality or when it would have reasonably been discovered (as in the case of terminal disease, or pregnancy after a vasectomy). Statutes of limitations cannot begin to run against a minor or disabled person until the minor is of legal age and the disability has been lifted.
Kentucky Medical Malpractice at a Glance
| Kentucky State Tort Law | |
| Statute of Limitations | One year from discovery, max five years from injury. |
| Damage Award Limits | No limits on damages |
| Joint Defendant Liability | Jointly liable defendants are responsible for court apportioned percentage of fault and damages. |
| Expert Witness | No provisions |
| Attorney Fees | No limits |
Expert Testimony and Burden of Proof
Despite the fact that there are other possible areas of liability against a health care provider (assault, fraud, contract infringement, etc.), most of the claims are due to negligence of some kind on the side of the health care provider. Those who have suffered due to medical malpractice law in Kentucky have the burden of proof to supply all of the four elements necessary to prove negligence on the part of the health care provider. These are:
Duty of Care: Possesses the knowledge, skills, and the ability to apply said knowledge and skills in to be a health care practitioner.
Breach of Duty: Show proof that the medical practitioner didn't perform duties that another reasonably capable and competent practitioner would have performed.
Injury: Showing proof of injury caused by the medical practitioner that has caused the plaintiff to lose income, impair their ability to labor or earn money, and incur medical expenses.
Proximate Cause: Determination of proximate cause is factual not legal depending on whether or not the evidence proves that the results (injury or assault) were reasonably foreseeable.
Medical malpractice law in Kentucky requires an expert testimony in order to prove that the health care provider didn't provide appropriate standards of medical care. In the case of wrongful death, action can be brought about by a relative or personal representative of the deceased (spouse, child, parent, sibling, or power of attorney).
Payment Caps
Currently, medical malpractice law in Kentucky does not require a limit on the recoverable damages in actions of medical malpractice. Also, Kentucky does not set a cap on the amount a lawyer can charge their client in case of medical malpractice. The state of Kentucky does not require periodic payments of medical malpractice judgments. Physicians have a duty to competently perform under their doctor-patient relationship. Physicians have a duty, as part of his fiduciary relationship, to disclose a patient's medical information during medical malpractice proceedings.
