Healthcare professionals like physicians, nurses, and surgeons can often deal with patients facing challenging medical conditions. Even though most medical professionals diligently work to provide the best possible medical care, mistakes can happen.
An estimated $1.5 billion in medical error costs annually highlight how often mistakes can occur. So, do you know what steps to take if you’re the victim of medical malpractice? However, before you file an injury claim, it helps to know a little bit about Kentucky’s medical malpractice laws.
Medical Malpractice Laws in Kentucky
Kentucky’s medical malpractice laws are surprisingly easy to navigate. Unlike some states that put medical malpractice claims in a separate category, Kentucky lumps them under its personal injury law. This means the same rules that apply to a car accident claim also govern medical malpractice claims.
Something else to remember is Kentucky follows comparative negligence rules. A defendant in a medical malpractice claim can assert that the patient is also partially responsible for causing their damages.
For example, a physician hands you the wrong prescription and you discuss the issue with a pharmacist but still take the medication. The physician is probably guilty of medical malpractice but you also share some blame. Since you knowingly took the wrong medication, you’re partially at fault for your resulting injuries.
How does comparative negligence impact a medical malpractice claim? Your settlement amount is reduced by your assigned percentage of blame. So, if you’re 30% responsible for your injuries and your settlement is for $100,000, you receive $70,000. As long as your percentage of fault isn’t over 50%, you should be able to move forward with an injury claim.
Deadline for Filing a Medical Malpractice Claim
Trying to navigate Kentucky’s statute of limitations can be a little confusing. The statute gives you two filing deadlines and only one typically applies to a claim. In most cases, you have one year to file a claim after the medical error occurs. So, if your medical error occurs during an operation the statute of limitations starts on your surgery date.
The one-year filing deadline can also kick in when a medical mistake is discovered. An example is if a surgeon accidentally closes you up after surgery but forgets to remove a sponge. You’re probably not going to notice the sponge until problems occur. The statute of limitations starts once the error is discovered.
However, there’s a bit of a catch to this rule. You must discover the error in a reasonable amount of time. What’s a reasonable amount of time? This is usually set by the medical community and depends on the type of procedure that results in the error.
The Bluegrass State also follows a catch-all deadline. This essentially means you have five years to discover the error and file a medical malpractice claim. If you miss the five-year filing deadline, Kentucky probably isn’t going to let you file a medical malpractice claim regardless of the severity of your injuries.
If you’re wondering about any exceptions to the statute of limitations, minors may be able to extend the filing deadline until their 18th birthday. If you have a disability at the time the medical error occurred, the statute of limitations may be temporarily paused until you recover.
Who Can Be Liable in a Medical Malpractice Claim?
You may believe that only physicians, surgeons, and hospitals can be liable for a medical malpractice claim. Kentucky allows an injury claim to be brought against almost anyone or entity in the healthcare industry.
A medical malpractice claim can name the following entities as defendants:
- Hospitals, including rehabilitation and psychiatric facilities
- Nursing homes and facilities
- Substance abuse treatment programs
- Primary care centers
- Outpatient clinics
- Home healthcare agencies
The claim can name the following healthcare providers, including:
- Physicians
- Dentists
- Chiropractors
- Optometrist
- Physician assistants
- Nurse practitioners
These are only a few examples of individuals you may be able to name in a medical malpractice claim. If you’re not sure if your healthcare provider can be named as a defendant, it’s a good idea to consult with an experienced medical malpractice attorney.
Are Some Parties Exempt From Medical Malpractice Claims?
You may not be able to file a medical malpractice claim for every error. If a patient suffers an injury or dies because they failed to follow recognized treatment protocols, the healthcare provider may not be liable. In other words, you can’t hold someone else accountable for your actions. This exemption also applies if a patient signs a release form indicating they’re refusing treatment.
The release form is usually a legally binding agreement releasing the healthcare provider from any responsibility if the patient experiences damages.
Like with most laws, there can be an exception. Limited liability may not apply if the healthcare provider’s actions meet the standards of gross negligence. This means the healthcare provider willfully ignored the patient’s best interest.
Since proving gross negligence is often challenging, most patients turn to a medical malpractice lawyer for guidance.
Does Kentucky Cap Medical Malpractice Damage Amounts?
Unlike some states, Kentucky doesn’t cap damage amounts in medical malpractice claims. You can seek both economic and non-economic damages without worrying about your settlement amount hitting a cap.
A cap on personal injury claims simply means you can’t be awarded more than the maximum limit. This also applies to punitive damages. The state doesn’t cap this type of award. However, punitive damages are only awarded by a judge or jury when you prove gross negligence and it’s rare in medical malpractice claims.
What can impact your settlement amount in a medical malpractice claim is comparative negligence. Remember, if you’re also responsible for your damages your settlement amount is probably going to be reduced.
Maximizing the Value of Your Medical Malpractice Claim
Even though Kentucky’s medical malpractice laws are relatively straightforward, it doesn’t mean it’s a good idea to handle your claim on your own.
Working with an experienced medical malpractice attorney can help ensure you receive a fair settlement for your injuries and other damages.
