Kentucky (KY) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Kentucky.
Damage Cap
No cap on damages
Statute of Limitations
1 year from the date of the act or omission, or from the date of reasonable discovery
Discovery Rule
Kentucky applies the discovery rule, tolling the statute until the patient discovers or reasonably should discover the injury and its cause, subject to a 5-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a certificate of merit from a qualified medical expert.
Average Settlement
$175,000 - $425,000
Average Verdict
$300,000 - $1,100,000
Key Facts About Kentucky Medical Malpractice Law
- 1Kentucky has one of the shortest statutes of limitations for medical malpractice at 1 year.
- 2A certificate of merit from a qualified expert must be filed with the complaint.
- 3Kentucky follows a pure comparative fault system, allowing recovery regardless of the plaintiff's degree of fault.
- 4Punitive damages require clear and convincing evidence and are subject to due process limitations.
Need Help with a Kentucky Medical Malpractice Case?
If you believe you have a medical malpractice claim in Kentucky, it is important to act quickly. The statute of limitations in Kentucky is 1 year from the date of the act or omission, or from the date of reasonable discovery. Most medical malpractice attorneys offer free initial consultations.