Medical Malpractice Statute of Limitations in Kentucky
Last verified 2026-07 · Source: KRS 413.140(1)(e), (2) ✓ verified · 3 sources
The deadline
1 year
from the date the injury is first discovered or in the exercise of reasonable care should have been discovered, under KRS 413.140(1)(e), (2).
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Under KRS 413.140(1)(e), (2), you have 1 year from the date the injury is first discovered or in the exercise of reasonable care should have been discovered to file a medical malpractice claim in Kentucky. Miss it and you lose the right to sue — but several Kentucky-specific exceptions can extend (or shorten) that window, detailed below.
Kentucky Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 1 year | KRS 413.140(1)(e), (2) |
| Car Accident | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Credit Card Debt | 5 yrs | KRS § 413.120 |
| Wrongful Death | 1 yr | KRS § 411.130; KRS § 413.180 |
| Personal Injury | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Dog Bite | 1 yr | KRS § 258.235(4) |
| Slip and Fall | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Defamation | 1 yr | KRS § 413.140(1)(d) |
| Breach of Contract | 10 yrs | KRS 413.160 |
| Medical Debt | 10 yrs | KRS § 413.160 |
When the Clock Starts
In Kentucky, the limitations period for medical malpractice claims generally begins on the date the injury is first discovered or in the exercise of reasonable care should have been discovered. Kentucky recognizes a discovery rule for this claim type: Under KRS 413.140(2) the one-year period runs from when the injury was first discovered or reasonably should have been discovered, but the action must in any event be commenced within five years from the date of the alleged negligent act or omission (a five-year outer limit).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Kentucky has no general pre-suit tort-notice statute; negligence claims against state agencies and state-run hospitals are instead adjudicated by the Kentucky Claims Commission (Board of Claims) under KRS Chapter 49.
Since 2019, KRS 411.167 requires a certificate of merit (an affidavit or declaration of expert consultation) to be filed with any medical-malpractice complaint, and the Kentucky Supreme Court has held that strict compliance is required.
Source: KRS 413.140(1)(e), (2), official Kentucky statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kentucky government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kentucky Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kentucky | 1 year | KRS 413.140(1)(e), (2) |
| Illinois | 2 yrs | 735 ILCS 5/13-212(a) |
| Indiana | 2 yrs | Ind. Code § 34-18-7-1 |
| Ohio | 1 yr | Ohio Rev. Code § 2305.113 |
| West Virginia | 2 yrs | W. Va. Code § 55-7B-4 |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243 (minors § 8.01-243.1) |
| Tennessee | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Missouri | 2 yrs | RSMo § 516.105 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Kentucky?
You have 1 year from the date the injury is first discovered or in the exercise of reasonable care should have been discovered, under KRS 413.140(1)(e), (2).
Can I still sue after 1 years in Kentucky?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Kentucky?
Yes. Under KRS 413.140(2) the one-year period runs from when the injury was first discovered or reasonably should have been discovered, but the action must in any event be commenced within five years from the date of the alleged negligent act or omission (a five-year outer limit).
What if the victim was a minor?
Kentucky generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Kentucky has no general pre-suit tort-notice statute; negligence claims against state agencies and state-run hospitals are instead adjudicated by the Kentucky Claims Commission (Board of Claims) under KRS Chapter 49.
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Sources
- Official KRS 413.140 - Kentucky Legislature
- Corroborating KRS 413.140 - FindLaw
- Corroborating Kentucky Medical Malpractice Laws - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kentucky attorney.