Kentucky Statute of Limitations for Medical Malpractice
In Kentucky, the statute of limitations for medical malpractice is 1 year. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 1 year from accrual.
- Statute: Ky. Rev. Stat. § 413.140(1)(e).
- 1 year from the act, with a discovery rule extending to 1 year from discovery. 5-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
1 year from the act, with a discovery rule extending to 1 year from discovery. 5-year statute of repose.
General Kentucky Rules
Kentucky has one of the shortest personal injury statutes of limitations in the nation at just 1 year. Written contract claims benefit from a long 10-year period. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in Kentucky
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Kentucky?
The statute of limitations for medical malpractice in Kentucky is 1 year. Citation: Ky. Rev. Stat. § 413.140(1)(e).
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When does the clock start for medical malpractice in Kentucky?
1 year from the act, with a discovery rule extending to 1 year from discovery. 5-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Kentucky?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.