Kentucky Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

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.

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.

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.

In Kentucky, the statute of limitations requires an injured party to sue within one year from the date of the occurrence of professional malpractice or from the date when the malpractice was discovered or reasonably should have been discovered.

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.

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.

For personal injury actions in Kentucky, the statute of limitations is generally only one year from the date of the accident or injury, or from the date the injury was discovered. This is a relatively short SOL compared to other states in the country.

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Kentucky Complaint for Medical Malpractice regarding Diagnosis and Treatment