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What Is the Statute of Limitations for Medical Malpractice in Kentucky?

In Kentucky, the statute of limitations for medical malpractice is generally 1 year under KRS § 413.140(1)(e).

1 YEAR
Medical Malpractice · Kentucky
1 Year (5-yr outer limit)
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in Kentucky

How long do you have to file a medical malpractice claim in Kentucky?

In Kentucky, the statute of limitations for medical malpractice is generally 1 year under KRS § 413.140(1)(e). The full rule is: 1 Year (5-yr outer limit).

When does the clock start for medical malpractice in Kentucky?

One year from when the injury is or reasonably should have been discovered, provided the action is commenced within five years of the negligent act or omission.

Can the Kentucky deadline for medical malpractice be extended?

The discovery rule is built into the provision, but the five-year outer limit caps it. KRS § 413.245 supplies a parallel regime for professional service claims generally.

Is the deadline different if the claim is against the government in Kentucky?

Often, yes. Generally the underlying period; Board of Claims for state under KRS §§ 65.200 et seq., 49.040. Kentucky does not impose a single short notice-of-claim deadline. Claims against the Commonwealth go to the Board of Claims under KRS ch. 49 with its own one-year period and damages caps. Cities and counties retain immunity for governmental functions under the…

How does Kentucky compare to other states for medical malpractice?

Kentucky's 1 year is among the shortest in the country. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in Kentucky:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in Kentucky

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Kentucky attorney can tell you the deadline that applies to your situation.
See every filing deadline in Kentucky, or compare medical malpractice across all states.
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