Medical Malpractice Laws in Kentucky – An Overview
Written by Cooper & Friedman PLLC on August 4, 2022
When under the care of a healthcare professional, no one expects to fall into harm’s way. However, according to a 2016 study out of John Hopkins University, over 250,000 Americans die every year as a result of medical error. Considering this statistic, you may be left wondering how justice is achieved in these situations. Typically, families or individuals harmed or killed by medical malpractice will pursue a lawsuit to recover compensation. As experienced medical malpractice attorneys, we realize that these cases can be tricky to navigate, since every state has unique laws concerning malpractice. Follow along to learn more info with our brief guide to Medical Malpractice Laws in Kentucky.
What is Malpractice?
Malpractice is a complex term that’s legal definition is dependent on where the case is occurring. In general, medical malpractice refers to a situation in which a medical professional fails to live up to the “standard of care”. This “standard of care” and ultimately the merit of a medical malpractice case is contingent on the opinion of a medical expert. This expert witness is responsible for deciding if the defendant’s (the medical professional being sued) actually committed malpractice or not. By using their own experience and knowledge of the field to evaluate the case, these experts will consult with attorneys, letting them know if a case is of merit or not. These experts may also appear in court or in deposition, in order to clarify or explain the scientific and technical aspects of the case. This means that before suing for malpractice, one must find a qualified medical professional willing to act as an expert witness.
Statute of Limitations
Even if you’ve found a medical expert who can verify the merit of your case, you are still subject to Kentucky’s statute of limitations for medical malpractice cases. This statute sets a one year timer on any prospective medical malpractice case, meaning that any lawsuits must be filed no later than a year after the discovery of harm from any alleged malpractice. This statute is fairly concrete, but there are some notable exceptions. For example, this statute does not strictly apply to children or those with mental disabilities. Navigating the statute of limitations requires a deep knowledge of previous malpractice cases and an understanding of the case at hand, meaning it is a job best suited for a qualified attorney.
Damages
Cornell’s Legal Information Institute defines damages as ”the sum of money the law imposes for a breach of some duty or violation of some right”. In malpractice cases, these damages can be recovered for a number of reasons including to compensate for pain and suffering, lost wages, and future medical bills. Sometimes, damages are awarded as a punitive measure, to dissuade and prevent future instances of malpractice.
Some states have put caps on damages for malpractice cases, meaning that in these states, victims can only recover up to a certain dollar amount. These caps are designed to protect healthcare providers from excessive financial burden, but they are fairly controversial. In Kentucky however, no such “cap” or limit exists, and victims are free to recover any amount the court deems reasonable. Finding a good legal team is the most important part of recovering the compensation you deserve in a medical malpractice case. Here at Cooper and Friedman we have 31 years of experience dealing with medical malpractice. To learn more, visit our website to see some of our case results.
If you or someone you love has been injured or killed as a result of medical malpractice in the state of Kentucky, the experienced team at Cooper and Friedman PLLC is here to help. We have decades of experience fighting for the rights of victims throughout Louisville, Kentucky and across the entire state. We handle your case personally and you can always be sure that our attorneys will be responsive to your calls and inquiries. For additional information, or to schedule a free case consultation with an experienced injury attorney, give us a call at 502-459-7555 or contact us online.