Kentucky medical malpractice law
In Kentucky, you generally have 1 year to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.
Sources checked
Malpractice lawyers in Kentucky
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Your deadline: 1 year from when you found out
Kentucky rules at a glance
Work out your deadline- Filing deadline
- 1 year from when the injury was discovered
- Damage caps
- No cap
- Before you file
- An expert's sign-off on the claim
- Shared fault
- Pure comparative
Full Kentucky law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2027
- The clock startsWhen you found out, or should have
- Time to start a claim1 yearMiss it and the claim is usually lost.
- Pain and sufferingNo cap
- All damages togetherNo overall cap
The rules in Kentucky
Filing deadline
1 year
Counted from when the injury was discovered. File within 1 year from when the injury was first discovered or reasonably should have been discovered.
Discovery rule
Applies
Yes. The claim accrues when the injury is discovered or reasonably should have been.
Outer limit
None found
The statute still lists a 5-year outer limit, but the Kentucky Supreme Court held it unconstitutional in McCollum v. Sisters of Charity (1990), so no outer limit is enforced.
Ky. Rev. Stat. § 413.140(2) (held unconstitutional)
Damage caps
No cap. The Kentucky Constitution (Sections 54 and 241) forbids limits on damages for injury or death.
No damage caps in Kentucky medical malpractice cases.
Children
Different clock
The clock is paused until the child turns 18; the child then has the same 1 year.
Affidavit of merit
Required
File a certificate of merit with the complaint stating you consulted a qualified expert and concluded there is a reasonable basis to sue, or why consultation was not possible (then supplement within 60 days).
Ky. Rev. Stat. § 411.167
Notice before suing
Not required
No pre-suit notice. A 2017 medical review panel law was struck down by the Kentucky Supreme Court (Commonwealth v. Claycomb, 2018).
Shared fault
Pure comparative
Pure comparative fault: your award is reduced by your share of fault
Experts
Expert evidence
Expert testimony is generally required; the certificate of merit expert must be qualified under the Kentucky Rules of Evidence.
Kentucky has one of the shortest deadlines in the country (1 year), so prompt action matters.
Sources
- Kentucky Revised Statutes § 413.140, Kentucky General Assembly
- Kentucky Revised Statutes § 413.170, Kentucky General Assembly
- Kentucky Revised Statutes § 411.167, Kentucky General Assembly
- McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990), Justia
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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