Statute ofLimitations | 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. |
ExpertQualifications | 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] |
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