Kentucky state tort law requires that claims be filed one year from discovery of the injury but places a maximum of five years from the initial injury as their statute of limitations. In the case of minors or those individuals deemed incompetent the statute of limitations cannot be utilized against them until the minor is of legal age or the disability has been lifted.
Joint Defendant Liability
Jointly liable defendants, in other words if more than one defendant is named in a legal claim, are responsible for apportioned percentages of their fault and damages as ruled by the courts.
Several and Joint Liability
Although there are other areas where a health care provider may be held liable, including infringement of contract, fraud, and assault, the majority of claims present will result from some kind of negligence that is committed by the health care provider. People in Kentucky who suffered due to medical malpractice are required to provide all of the proof in the case with regard to four elements of proof of negligence, which are described below:
- First, duty of care must be proven. The health care professional must possess knowledge and skills in the relevant field of medicine, and must have the ability to apply that knowledge and skills in his or her profession.
- Second, a breach of duty must be present. The medical professional must be shown to have not performed the duties that would have been expected and performed by a practitioner who was reasonably competent and capable.
- Third, injury must be demonstrated. Proof of injury must be present, and it must be shown that the medical practitioner was the cause of the injury that caused the plaintiff to lose his or her work ability or income, as well as to take on medical expenses.
- Proximate causes are also a factor. The determination of this cause is a factual matter rather than a legal one. This depends on if the evidence provides proof that the results present could reasonably have been foreseen.
Currently there are no provisions regarding who may deliver expert testimony, as well as no limits regarding attorney fees.
In the case of medical malpractice, the state of Kentucky has not currently set limitations regarding recoverable damages.
Kentucky - News Articles
The Law of Medical Malpractice in Kentucky: A Survey of Basic Considerations This article provides an overview of Kentucky medical malpractice law. The Bluegrass State generally treats malpractice claims the same as other types of negligence claims, with a few important exceptions. Kentucky lawmakers have been deterred from placing a statutory maximum limit on monetaryRead More