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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.
Kentucky lawmakers have proposed tort reform measures time and time again. However, medical malpractice tort reform has not been passed until recently. In 2017, Kentucky enacted the Medical Review Panel Act, establishing three-person panels to evaluate the merits of proposed complaints before suit could be filed.
Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.
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.
Kentucky requires that any party wishing to bring a medical malpractice case must file the claim within one year after the cause of action accrued. [1] A medical malpractice cause of action ?accrues? when the medical malpractice is discovered or should have been discovered in the exercise of reasonable care.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
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.