Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Kentucky, medical malpractice claims are governed by state statutes and case law. To establish a medical malpractice claim in Kentucky, the following elements must be proven: (1) the existence of a duty of care owed by the healthcare provider or physician to the patient; (2) a breach of the standard of care by the healthcare provider or physician; (3) causation linking the breach of duty to the injury suffered by the patient; and (4) damages resulting from the injury. The standard of care is typically based on the accepted practices of medical professionals in the same field and geographic area. Kentucky law requires that medical malpractice claims be filed within one year from the date of the injury or the discovery of the injury, but no more than five years from the act or omission causing the injury, known as the statute of limitations. Additionally, Kentucky does not have a cap on damages for medical malpractice claims. Before filing a lawsuit, a plaintiff may need to present the claim to a medical review panel, depending on the circumstances. An attorney with expertise in medical malpractice law can provide specific guidance and representation in such cases.