Kentucky (KY)
Medical Professional Liability Insurance in Kentucky
Kentucky's medical review panel law was struck down by the state Supreme Court in Claycomb v. Commonwealth in 2018 as an unconstitutional obstacle to the right to a jury trial, so no presuit panel now stands between a patient and the courthouse. No general statutory cap limits compensatory malpractice damages, and the Kentucky Board of Medical Licensure handles licensure separately.
Kentucky at a glance
- Presuit posture
- Mandatory review panel struck down in Claycomb v. Commonwealth (2018)
- Damages-cap posture
- No general statutory cap on compensatory damages
- Limitations period
- Generally one year from injury or reasonable discovery
- Licensing board
- Kentucky Board of Medical Licensure
No presuit panel currently applies; confirm current procedure with counsel.
Kentucky has not adopted a general noneconomic damages cap for medical negligence.
KRS 413.140 sets a shorter window than most states' malpractice statutes.
Handles licensure and discipline separately from civil liability exposure.
Claycomb eliminated the mandatory review panel
A 2017 law had required malpractice claims to pass through a medical review panel before a lawsuit could proceed, but the Kentucky Supreme Court struck that requirement down in Claycomb v. Commonwealth in 2018, holding it delayed access to the courts in violation of the jury-trial right. Louisville and Lexington hospital systems no longer route claims through that panel step, so the timeline from injury to suit is comparatively direct.
No general cap bounds compensatory awards
Kentucky has not enacted a general statutory limit on compensatory damages in a medical negligence case, so verdict exposure is not capped by a legislative ceiling the way it is in several neighboring states. Practices and hospital systems typically weigh higher primary limits and earlier excess placement as a result.
One-year limitations period is comparatively short
KRS 413.140 generally gives a patient just one year from the injury or its reasonable discovery to file a malpractice claim, a notably shorter window than most states allow. That compressed timeline puts a premium on prompt internal reporting of adverse events so defense counsel can be engaged before the clock runs.
Licensure discipline proceeds through the Board of Medical Licensure
The Kentucky Board of Medical Licensure investigates complaints and disciplines physicians on a schedule independent of the civil claim, and a reportable payment can trigger board review on its own timeline. A malpractice policy's defense duty typically does not extend to that separate board proceeding.
Who we write this for in Kentucky
Medical malpractice FAQs for Kentucky
Medical liability law changes frequently through legislation and court rulings. Confirm current limits, deadlines, and requirements with a licensed agent or counsel before relying on them.
General guidance, not legal advice. Kentucky requirements change and apply differently by entity type, class code and contract. Confirm current rules with the Kentucky Department of Insurance or talk with a licensed US Professional Insure agent.
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