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States create legal deadlines for bringing lawsuits, and the time limitations vary from state to state. When considering a legal action against a medical practitioner, it is important you consult, as soon as possible, with Louisville medical malpractice lawyers.
The legal deadline for filing lawsuits is called a statute of limitations. The reason that a statute of limitations exists is to protect defendants in a case. Evidence can disappear, making it difficult for either side in a legal action to present their case. However, especially for a defendant, who may be innocent, lost evidence can prevent a party from being able to defend against a claim. Many states allow two or three years to bring a medical malpractice case. However, Kentucky statute 413.140 limits the time for bringing a medical malpractice lawsuit to one year from the date of the cause of action. The cause of action would be an act or omission that resulted in harming the patient. If a medical error is not immediately discoverable, then you have up to five years after the malpractice occurred to discover the error and file a lawsuit. An example would be a surgeon who leaves a sponge inside the patient’s body and a subsequent doctor discovers the sponge in an x-ray when treating the patient for subsequent complications. There are some exceptions to the one-year limitation. The statute of limitations for an unmarried minor to file a lawsuit begins to run when the minor reaches the age of 18.
Exceptions and precedents set by case laws make it wise to seek a legal opinion form a Louisville medical malpractice attorney, as soon as possible.
You can rely on the experience and skills of the Franklin Law Group to address your medical malpractice concerns.
Franklin Law Group, PSC
505 West Ormsby Avenue
Louisville, Kentucky 40203