This is one of the official Workers' Compensation forms for the state of Kentucky.
Kentucky Medical Dispute
State:
Kentucky
Control #:
KY-112-WC
Format:
Word;
PDF;
Rich Text
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Description
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FAQ
The short answer is, yes, you can, since most states give you two to three years to bring a claim after malpractice occurs. The longer answer is, it depends on the type of injury and the state in which the claim is brought.
Kentucky employs the substantial factor test in matters of causation and proximate cause, meaning that the actor's negligent conduct is a legal cause of harm to another if his conduct is a substantial factor in bringing about the harm. There is no viable loss of chance claim in Kentucky.
The general time limit for medical negligence and personal injury claims is 3 years from the date of the negligence. This means that Court proceedings must be commenced by issuing a claim form at Court within 3 years. However, there are circumstances where the 3 year time limit will not start until a later date.
An obligor, also known as a debtor, is a person or entity who is legally or contractually obliged to provide a benefit or payment to another.The recipient of the benefit or payment is known as the obligee.
Every medical malpractice case is subject to a statute of limitations a period of time in which a plaintiff is allowed to file his or her claim in court. Depending upon the type of case and state where the lawsuit is being filed, this time limit can be as short as a year or two, or as long as ten years.
Keep in mind that Kentucky has a five-year statute of repose, which requires that any medical malpractice claim be filed within five years of the error occurring.