There are many things that people have been taught to think about medical malpractice cases. One of the most common, and aggressively advanced by the insurance industry, is that these cases are not necessary for the most part. This doubt that is planted in the minds of everyone who has suffered as the result of a preventable mistake by a medical professional leads many victims to delay seeking answers. This delay may be particularly costly in the Commonwealth of Kentucky. There is a strict time limit that applies to medical malpractice cases and once that time has passed, it is impossible to bring a successful case. This means that no matter how egregious the harm that was done, there is no way to hold the doctor or other medical professional accountable for the harm that a person suffered because a medical professional failed to meet the standards applicable for the services that they administer.
Kentucky Medical Malpractice Statute of Limitations
Every state has some type of time limit that applies to the filing of cases based in medical malpractice. Like many state, Kentucky has a statute that applies specifically to cases based in medical malpractice. This restriction is particularly harsh in Kentucky, as it dictates that a victim of medical malpractice must file a case within one year of the time when the victim discovers, or reasonably should have discovered with the exercise of reasonable diligence, the harm that resulted from the actions or omissions of the medical professional’s negligence. See Revised Code of Kentucky § 413.140(1)(e). The provisions of the Kentucky statute of limitations are different than a strict one-year limit from the time when the act or omission actually occurred as it make take days, weeks, months, or even years for the harm to be discovered.
In addition to the one-year period of time from the date on which the victim discovers the injury, there is an absolute limit of five years from the date on which the negligent act or omission occurred to commence a lawsuit regardless of the date on which the injury is discovered. This limit applies even if the person could not have discovered the harm within this time period.
Although the running of the statute of limitations does not function to prevent the complaint from being filed, because there would be too large of a burden placed on the clerk of the court to analyze the date of the filing and the dates of the act of medical malpractice or date of discovery, it is essentially a guarantee that the statute will lead to the dismissal of the case if the clock has run. The first thing that a defendant’s attorney is going to do is seek to have the case dismissed based on the failure to meet the requirements of the statute of limitations and the judge’s hands are tied, so the case will be dismissed and the plaintiff will have to suffer without any compensation from the wrongdoer.
Stern Law, PLLC Advocates for Kentucky Medical Malpractice Victims
In Kentucky, there are many strict requirements that mandate a victim of medical malpractice to get into court as soon as possible. Although there are no pre-filing obligations, such as obtaining an affidavit from a medical professional before filing, it is going to be necessary to have a medical expert willing to testify on behalf of the plaintiff in order to succeed. This means that there is a lot that must be done before the case is filed, which is one year after discovering the injury. Therefore, it is critical to contact and consult with an experienced medical malpractice attorney as soon as possible.
Medical malpractice often is overwhelming for the victim, as well as his or her family. Although there are many things that must be addressed in the immediate aftermath of discovering the harm, it is crucial to retain the right attorney as soon as possible, especially in light of the strict one-year limit. At Stern Law, PLLC, our attorney has fought zealously for more than three decades to recover compensation for those who were injured when a medical professional made a preventable mistake that led to devastating harm. We work hard to get our clients the compensation that they need to obtain ongoing medical treatment and rehabilitation, replace wages that were lost due to an inability to work, and recompense for debilitating pain and suffering.
In addition to advocating for those who have suffered as the result of a medical professional’s negligence, we also provide answers and resources for those who have been harmed, or believe they may have been injured, as the result of malpractice. We have knowledgeable representatives available to respond to questions 24 hours a day, seven days a week, regardless of whether or not you are a client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.