Kentucky · Medical Malpractice
Kentucky medical malpractice damage caps and statute of limitations
Refreshed 2026. Constitutional prohibition damage cap. 1 year from discovery of injury. Full breakdown below.
Damage caps
KY Const. § 54Non-economic damages cap
None
Total damages cap
None
Status
constitutional prohibition
Notes
State constitution prohibits damage caps. KY Const. § 54: right to jury determination of damages.
Statute of limitations
KY Rev. Stat. § 413.140(1)(e)Standard SOL
1 year from discovery of injury
Discovery rule
Yes, limited; 1 year from when injury was or should have been discovered
Statute of repose
5 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 5-year repose
Wrongful death SOL
1 year from date of death (KY Rev. Stat. § 413.180)
Notes
One of the shortest SOL periods. Mediation may toll the limitations period.
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Kentucky med-mal FAQ
What is the medical malpractice statute of limitations in Kentucky?+
1 year from discovery of injury. Yes, limited; 1 year from when injury was or should have been discovered Statute of repose: 5 years from act or omission. Wrongful death: 1 year from date of death (KY Rev. Stat. § 413.180). One of the shortest SOL periods. Mediation may toll the limitations period. Source: KY Rev. Stat. § 413.140(1)(e).
Does Kentucky have a medical malpractice damage cap?+
No. State constitution prohibits damage caps. KY Const. § 54: right to jury determination of damages.
How does Kentucky handle the discovery rule in med-mal cases?+
Yes, limited; 1 year from when injury was or should have been discovered
What is the Kentucky minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 5-year repose
What is the wrongful death statute of limitations for Kentucky medical malpractice?+
1 year from date of death (KY Rev. Stat. § 413.180)
Other state lookups
This tool is informational. It is not legal advice. Kentucky damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Kentucky attorney before relying on a deadline. Data refreshed May 2026.