Kentucky Medical Malpractice Laws
Kentucky uses the same 1-year discovery rule for medical malpractice as general personal injury. Notably, the Kentucky Supreme Court struck down the 5-year statute of repose as unconstitutional, meaning there is effectively no outer time limit — just the 1-year discovery rule. There are no caps on any type of damages. The legislature enacted mandatory medical review panels in 2018, but the Kentucky Supreme Court struck those down in 2019 as violating the right to a judicial remedy. A certificate of merit is required.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims must be filed within 1 year from the date the injury is discovered or reasonably should have been discovered. The Kentucky Supreme Court struck down the 5-year statute of repose (KRS 413.140(2)) as unconstitutional in McCollum v. Sisters of Charity (1990), meaning there is no absolute outer time limit.
Damage Caps
Kentucky has no caps on compensatory, noneconomic, or punitive damages in medical malpractice cases. Previous attempts to impose caps have been struck down by the courts. Kentucky is one of the more plaintiff-friendly states in this regard.
Filing Requirements
Plaintiffs must file a certificate of merit with the complaint — an affidavit or declaration confirming consultation with a qualified expert who concluded there are reasonable grounds to believe the standard of care was breached. Applies to claims against physicians, surgeons, dentists, hospitals, and long-term care facilities.
The legislature enacted mandatory medical review panels in 2018 (SB 20). The Kentucky Supreme Court struck down this statute in 2019 as violating the state constitutional right to a judicial remedy without delay. Panels are no longer required.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Kentucky Legislature — Medical Liability. For advice about your specific situation, consult a licensed attorney.
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