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

1 year

Kentucky medical malpractice: 1 year from the incident.

Governing statute: Ky. Rev. Stat. § 413.140(1)(e). Verified against the published code: 2026-06-22.

Kentucky Medical Malpractice Deadline Calculator

Clock generally starts on the date of the negligent act, or when the injury was discovered, depending on the state.

The bottom line

In Kentucky, you generally have 1 year to file a medical malpractice lawsuit, counted from the date of the negligent act, or when the injury was discovered, depending on the state (Ky. Rev. Stat. § 413.140(1)(e)). Most states layer a 'statute of repose' (an absolute outer cutoff) on top of the limitation period, and many require a pre-suit notice and/or an expert affidavit of merit. Foreign-object and minor-patient rules vary widely.

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Missing the statute of limitations usually ends your case permanently. Talk to a medical malpractice attorney—most offer a free consultation.

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Frequently asked

How long do I have to file a medical malpractice lawsuit in Kentucky?
1 year, generally from the date of the negligent act, or when the injury was discovered, depending on the state (Ky. Rev. Stat. § 413.140(1)(e)).
When does the medical malpractice clock start in Kentucky?
the date of the negligent act, or when the injury was discovered, depending on the state. Most states layer a 'statute of repose' (an absolute outer cutoff) on top of the limitation period, and many require a pre-suit notice and/or an expert affidavit of merit. Foreign-object and minor-patient rules vary widely.
What happens if I miss the deadline?
Filing after the statute of limitations almost always means the court will dismiss your case and you lose the right to recover. A few narrow exceptions (tolling, the discovery rule, minority) can extend it — an attorney can tell you whether any apply.

Kentucky deadlines by claim type

Claim typeDeadlineStatute
Personal Injury1 yearKy. Rev. Stat. § 413.140
Breach of Contract15 yearsKy. Rev. Stat. § 413.090 (written, pre-7/2014); 10 yr after
Medical Malpractice1 yearKy. Rev. Stat. § 413.140(1)(e)
Defamation (Libel / Slander)1 yearKy. Rev. Stat. § 413.140(1)(d)
Property Damage2 yearsKy. Rev. Stat. § 413.125
Not legal advice. This page is informational only and is not a substitute for advice from a licensed attorney. Statutes of limitations are subject to many exceptions — tolling, the discovery rule, minority (under-18) and incapacity rules, government notice-of-claim deadlines (often far shorter), and statutes of repose — any of which can shorten or lengthen the deadline in your specific case. The governing statute citation and the date it was verified are shown above so you can confirm the current text yourself. Never rely on this page to decide whether you can or cannot sue. Consult a licensed attorney in your state before your deadline.