Statute of Limitations on Medical Malpractice

Healthcare providers take the Hippocratic oath to “not harm”. They’re obligated to do everything in their power to ensure patients do not suffer undue harm. 

When they fail to provide the standard level of care any similarly-trained professional would deliver in the same situation, it’s considered medical negligence. Medical negligence causes 250,000 deaths every year. 

If you’ve experienced medical negligence from your healthcare provider, the KY lawyer can help you out. We can help you get compensation for the damages you have suffered.

Understanding the Statute of Limitations in Medical Malpractice Cases

A statute of limitations refers to the stringent time limit within which a plaintiff (you) must file a medical malpractice lawsuit against a healthcare professional in civil court. Timelines vary by state. For example, Kentucky has a one-year statute of limitations "after the cause of action arises," i.e., when the injury or disease is first discovered, to file suit. 

If you pursue a case once the deadline has passed, your claim will likely be time-barred, no matter how severe your injuries or how strong your case may be. 

The Rationale Behind Statute of Limitations in Medical Malpractice

Every state has its own statute of limitations on medical malpractice. But they also have exceptions and tolling factors that may affect the claim filing deadline. 



To ensure this doesn’t impact your right to compensation for the harm caused by your caregiver’s negligence, you must familiarize yourself with the fine print.

Balancing Rights and Practical Considerations

The statute of limitations ensures the lawsuits are brought up within a specified timeline. 

Because, by the time stale claims for medical malpractice are litigated, it’s likely that the defendant may have lost or misplaced relevant pieces of evidence. Additionally, because memories fade over time, the incident may not be as fresh in the witness’s mind, which can impact their chances of securing a fair trial.

So, it exists to protect defendants from unfair legal action and to give them peace of mind. 

Exceptions and Tolling Factors

The statute of limitations may be “tolled” — that is, delayed, in specific scenarios. 

In the Case of Minors 

If a minor - a person under the age of 18 - is injured due to medical malpractice, state law gives him or her one year to file a lawsuit for damages.

At that point, the clock will start ticking and the minor will have one year, until before their 19th birthday, to file a medical malpractice lawsuit.

In the Case of Death

In the unfortunate case where a healthcare provider’s negligence or subpar level of care causes the death of your loved one, you can file a wrongful death lawsuit. The claim needs to be filed within two years from the date of death or from when the dubious nature of the death was discovered. 

In the Case of Fraud

A significant percentage of medical professionals are unwilling to own up to their mistakes due to the fear of lawsuits, with some even hiding evidence from patients. 

This intentional concealment of the cold, hard facts is considered fraud. 

If you can prove that your physician’s lack of transparency or concealment of their malpractice kept you from discovering your injury, your statute of limitation will be extended per your state’s laws. 

It will apply from the time you discovered the injury or should have reasonably known of it if you practiced due diligence.

Apart from this, the statute of limitations can be paused if:

• The victim is mentally incapacitated.
• The defendant leaves the state after the malpractice has occurred.

Please note, this is an exception and cannot be misused under any circumstances. 

Impact of Delayed Discovery

The statute of limitations begins on the day the injury occurred.

However, in many cases, victims may not be aware that they have suffered medical negligence.

Let’s consider an example. If a surgeon accidentally leaves a medical rag or another foreign object inside a patient, it could take months — if not years — for the patient to discover the error. Unless the practitioner explicitly informs the patient. 

Because of the strict nature of the statute of limitations, this can keep the victims of medical negligence from pursuing a case against those they hold liable. 

Thankfully, the “discovery rule” exists to tackle this problem. 

If you didn’t know you’ve been a victim of medical negligence within the stipulated time under the statute of limitations on medical malpractice in your state, this rule will allow you to obtain a short extension on the deadline. However, you need to prove that you’re a victim of medical malpractice and know your perpetrator. 

Keep in mind that there are instances where this rule does not apply.

Some states have a statute of repose that bars you from pursuing a medical malpractice case once 4 years have passed. So, if you discover the injury after that, you won’t be able to recover compensation for the injury or emotional distress it caused.

The Role of Medical Records in Determining the Applicability of Statute of Limitations in Medical Malpractice Cases

Medical records are objective data that provide a hawk’s eye look into the management of a patient under a healthcare professional’s care. 

These records contain the patient’s medical history, their diagnosis and how it came to be proven, the treatment protocols followed, the care allotted to them pre and post-surgery, what medications they were put on, and a wealth of other information. 

It allows the jury to see whether the claims made by the victim are true and whether the injury or damage incurred was truly caused due to alleged medical negligence. They’re the only way a defendant can prove they’ve delivered the standard level of care, making them an asset in the statute of limitations on medical malpractice.

The records also give the authorities in charge insight into when the injury was discovered, which is when the statute of limitations begins in most states.

When to Look For a Lawyer?

The time you have to file a lawsuit varies from state to state. 

So, be prompt. As soon as you discover you’ve suffered medical negligence, take legal action, starting with a consultation with one of our KY lawyers. 

We will assess your case, and work on securing evidence as well as witness testimonials. We will help you proceed with your malpractice claim and ensure you get the compensation you deserve. 

To know more about how we can help, give us a call today.