Misdiagnosis and Delayed Diagnosis Lawyer in Kentucky

• Cancer, including breast, colon, lung and skin cancer
• Stroke and transient ischemic attack
• Heart attack and aortic dissection
• Sepsis and serious infections, including meningitis
• Pulmonary embolism and blood clots
• Spinal cord compression and cauda equina syndrome
• Appendicitis and bowel obstruction
• Complications of pregnancy

1. A doctor-patient relationship that created a duty of care.
2. A breach of the standard of care: a reasonably careful provider in the same field would have ordered the test, read the image correctly or referred you.
3. Causation: the delay changed the outcome.
4. Damages: the harm that resulted.

For a deeper explanation, read misdiagnosis vs. delayed diagnosis.

• Complete records from every provider, including nursing notes and portal messages
• The original imaging and pathology, not just the reports
• Lab results and when they were available
• Timelines comparing symptoms with what was done
• Independent review by physicians in the same specialty

Kentucky gives most medical malpractice claimants one year to file suit, measured from when the injury was discovered or reasonably should have been discovered (KRS 413.140(1)(e) and (2)). The statute’s five-year outside limit was held unconstitutional in McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990). The complaint must be filed with a certificate of merit stating that a qualified expert has been consulted, with limited exceptions (KRS 411.167). Because the deadline is short and expert review takes time, contact a lawyer as soon as you suspect an error. In 2018 the Kentucky Supreme Court struck down the state’s medical review panel law (Commonwealth v. Claycomb), so claims go directly to court.

Kentucky has no cap on damages in medical malpractice cases. Section 54 of the Kentucky Constitution prohibits the legislature from limiting recovery for personal injury or death.

Damages can include added medical costs, lost income, pain and suffering and, when a delay causes death, a wrongful death claim.