While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
There is no limit on the amount of damages. The statute of limitations is one year from the incident or reasonable discovery but not more than five years after the incident. There is several liability only. There is no limitation on attorney fees. There is no provision for periodic payments. There is no requirement for an affidavit or certificate of merit. There is no requirement for pre-trial alternative dispute resolution.
In its opinion filed on November 15, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the Kentucky Medical Review Panel Act that was enacted in 2017 “delays access to the courts of the Commonwealth for the adjudication of common-law claims. Chapter 216C violates Section 14 of the Kentucky Constitution.”