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How do you sue for medical malpractice in Kentucky?

On Behalf of | Jun 21, 2022 | Medical Malpractice

Kentucky handles medical malpractice lawsuits in the same way as personal injury cases. How long you have to raise a lawsuit depends on your age and circumstance. In general, you have up to one year.

File a complaint and mail the summons

The first step of the medical malpractice litigation process in Kentucky is to file a complaint with the clerk of court. Your complaint must list all of the reasons for your claim in numbered paragraphs. Each paragraph is for its own set of circumstances. Other required elements are the name of the court, the type of action, file number, designation, names of all parties and the business name and signature of your attorney or yourself if you don’t have an attorney.

When you file a complaint, you need to mail a summons to all defendants. This informs them that you have filed a complaint against them. Kentucky allows defendants up to 20 days to make a response in which they can admit to or deny your claims.

Prepare your case

Although you should already begin gathering evidence as soon as you suspect medical negligence has occurred, you should finish preparing your case after filing the complaint and summons. You may need to collect more evidence and information to put together as strong a case as possible. Your documents should include medical records, your medical journal, doctor’s notes and any other relevant information. Kentucky also allows depositions, written interrogatories, physical and mental examinations and requests for admission.

Go to trial

Most medical malpractice cases in Kentucky don’t make it to trial. If you’re unable to reach a settlement before the trial date, then a judge or jury will hear your case in civil court. As the plaintiff, you present your side of the case first. Then, the defendant presents their own evidence. Afterwards, the judge or jury determines whether medical malpractice occurred and how much responsibility the defendant has for your damages.

Although lawsuits can take a long time, the process for filing a medical malpractice claim is straightforward. While waiting on your trial, you can try mediation as a way of resolving the issue with your medical practitioner.