Why File a Medical Malpractice Claim Within the Statute of Limitations

Medical errors can harm patients. Victims of these errors have legal options to explore. The laws that govern malpractice cases are complex. But they must be understood before legal action is taken. 

The statute of limitations must be considered in malpractice lawsuits. It sets the maximum time to file a lawsuit. People who think they have a case should visit this page. They need a lawyer to protect their rights.

When to File a Lawsuit

Medical malpractice victims have two years to file a lawsuit in Kentucky. This two-year window starts from the incident date. If the discovery of resulting injuries was made later, the clock begins from the diagnosis date. Keep in mind that a five-year statute of repose exists in Kentucky. This requires the filing of lawsuits within 5 years of the medical error happening. 

What if the Deadline Expires?

You cannot file a lawsuit against a doctor after the deadline. Not taking immediate action can cause you to lose your right to compensation. 

A skilled lawyer can help you file a claim. Work with them as early as possible. This allows them to gather evidence while it is still accessible. A lot of things can cause delays in malpractice cases. Insurance companies can be responsible for these delays. They have business-related reasons to wait out before giving payouts. Your lawyer is aware of these possible delays. They will build strong defenses, ensuring your claim remains steadfast. Your lawyer will protect your best interests amid scrutiny from an insurance company. 

Examples of Medical Malpractice

Malpractice in medicine happens if a physician does not follow the standard of care. Below are forms of medical malpractice:

  • Incorrect diagnosis. There are protocols for diagnosing various medical conditions that must be followed. If you suffer harm because of an incorrect diagnosis, consider taking legal action. You can do the same if the doctor fails to diagnose a condition.
  • Inappropriate treatment. You can sue for malpractice if a doctor mismanages your condition. This includes administering the incorrect treatment for your illness. Another instance is when a doctor recommends unapproved treatment. 
  • Failure to educate patients of known risks. Your doctor must disclose known risks of a treatment you undergo. Otherwise, you can sue them for malpractice. Damages can still be pursued even if you signed a waiver.  Speak with your attorney if you have concerns about your case. They can give you clarity and guidance.