This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Kentucky Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
Medical Malpractice: Improper or negligent medical treatment of a person under a medical professional's care, which results in injury or death.
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.
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.
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.
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.
State law allows wrongful death actions to be filed only by a court-appointed representative of the deceased person's estate. The court appoints this representative ? often an immediate family member of the deceased, such as a spouse or an adult child ? to act as an executor or administrator of the estate.