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Contact your Lexington lawyer

Statute of Limitations

Kentucky requires that any medical malpractice action for injury or death be brought within one year from the time the injury was or reasonably should have been discovered

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

joint defendants are only severally liable thus liable only for that portion of the judgment equal to their percentage of negligence

Law of contribution

Joint defendants, other than those guilty of base moral crimes, have a right to contribution in Kentucky

Expert testimony standards

Expert testimony is required to establish that a health care provider failed to conform to the applicable standard of care

Limits on compensation

None

Limits on attorney fees

None

Collateral Source rule enforced

No collateral source rule

State and local health care providers immune from liabaility

Generally state employees enjoy immunity

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability