Kentucky Complaint for Malpractice

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Multi-State
Control #:
US-03342BG
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A prima facie case is one in which the injury could not have occurred without negligence and the facts of the case present enough evidence to support the legal claim. For example, a foreign object that is left inside your body and causes an infection would be considered a prima facie case of medical malpractice.

If you get hurt because of a medical practitioner's negligence or failure to use the appropriate standards of care, you may be entitled to financial compensation through a medical malpractice lawsuit. This is one of the most complex types of personal injury claims in Kentucky.

There is a one year statute of limitations for medical malpractice claims in Kentucky. This limitation is found in Kentucky Revised Statute § 413.140(1)(e), which states: 413.140 Actions to be brought within one year.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

The KBML can take action against a health care provider's privileges to practice, but it cannot help you sue a health care provider for money. How do I file a grievance? You can obtain a grievance form on our website, .kbml.ky.gov, by selecting Grievances then printing the Consumer Guide and Grievance form.

Under Kentucky law, a plaintiff alleging medical malpractice is generally required to put forth expert testimony to show that (1) the defendant medical provider failed to conform to the standard of care and (2) that the alleged negligence proximately caused the injury.

Medical malpractice lawsuits, and all personal injury claims in Kentucky, need to be filed within one year of the accident or error in question. This deadline is known as the statute of limitations. If you did not learn of your injuries until a later date, the clock will start from the date of your diagnosis.

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Kentucky Complaint for Malpractice