Kentucky

Statute of Limitations

Medical Claim Generally:

A medical malpractice claim “shall be commenced within one (1) year after the cause of action accrued” but does apply the discovery rule [Ky. Rev. Stat. Ann. §413.140]

Minors:

The statute does not begin to run until the age of majority [Ky. Rev. Stat. Ann. § 413.170(1)]

Wrongful death:

Wrongful death claims must be commenced one year after the date of death.

Damage Caps

Kentucky currently has no damage caps [Ky. Const. § 54]

Attorney Fee Caps

Kentucky currently has no medical malpractice attorney fee caps

Pre-suit Requirements

Kentucky does not have any presuit requirements for medical malpractice cases.

Expert Qualifications

Kentucky only requires the general rules for experts that the testimony must be relevant and reliable. [Ky. Rev. Stat. § 702]

Negligent Credentialing Claims

The Kentucky Supreme Court refused to recognize negligent credentialing as a cause of action. [Lake Cumberland Regional Medical Center v. Adams]