KY · Health & Medical

Health & Medical in Kentucky

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Kentucky Law

Kentucky Revised Statutes Section 413.140(1)(e)

Kentucky requires medical malpractice claims to be filed within one year of the date of the injury or discovery of the injury under KRS § 413.140(1)(e). This is one of the shortest medical malpractice statutes of limitations in the country.

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Procedural Details in Kentucky

Kentucky's one-year statute of limitations is among the strictest in the nation and begins running from the date the patient knew or should have known of the malpractice. Kentucky does not require a certificate of merit or pre-suit affidavit. Kentucky has no statutory cap on non-economic damages in medical malpractice cases. Kentucky applies modified comparative fault (51% bar). The Kentucky Board of Medical Licensure investigates complaints. For minors, the SOL is generally tolled until age 18. Government facility claims may require notice under KRS § 44.110.

Kentucky Agencies & Resources

Kentucky Board of Medical Licensure

Licenses and disciplines physicians in Kentucky; investigates complaints about professional conduct and patient care.

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Kentucky Cabinet for Health and Family Services

Oversees hospital licensing and health facility inspections in Kentucky.

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Kentucky Department of Insurance

Regulates health insurance and handles consumer complaints in Kentucky.

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Frequently Asked Questions

How long do I have to file a medical malpractice lawsuit in Kentucky?

Kentucky's KRS § 413.140(1)(e) imposes a one-year statute of limitations — one of the shortest in the US — running from the date of injury or discovery. This extremely short window makes early consultation with an attorney critical. Missing the deadline likely bars the claim permanently.

Does Kentucky cap non-economic damages in malpractice cases?

Kentucky does not have a statutory cap on non-economic damages in medical malpractice cases. Juries determine the full amount of pain and suffering and other non-economic compensation. Economic damages are also uncapped.

Does Kentucky require a certificate of merit or pre-suit notice?

Kentucky does not require a formal certificate of merit or pre-suit notice to the provider. However, given the very short one-year limitations period, prompt consultation with an attorney is essential to preserve your rights.

How do I file a complaint against a doctor with the Kentucky Board of Medical Licensure?

Complaints may be filed with the Kentucky Board of Medical Licensure online or by mail at kbml.ky.gov. The Board investigates and may impose conditions, suspend, or revoke licenses. Board proceedings do not compensate patients and do not affect the civil limitations clock.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026