Medical Malpractice Cases
Wrong-site surgery, retained instruments, nerve and organ damage, and anesthesia errors.
Reviewed by Larry Forman, Attorney.
Surgery always carries risk, and patients accept that when they sign consent forms. They don’t accept a sponge left inside them, an operation on the wrong side, or a nicked bowel nobody noticed until sepsis set in. Forman & Associates represents Kentuckians harmed by surgical negligence.
Key takeaways
Consent forms list risks, but they don’t give a surgeon permission to be careless. The question is whether the surgeon and team met the standard of care: proper technique, identifying anatomy, counting instruments, recognizing complications and acting on them. Independent surgeons in the same specialty review the records to answer that question.
The surgeon, the anesthesia provider, nurses who perform counts, and the hospital or surgery center can each bear responsibility. Employment and contract relationships affect who is liable. We identify every party early because the deadline is short. If the injury was nerve damage, see our nerve damage page.
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.
A certificate of merit is not required when a claimant relies solely on causes of action that don’t need expert testimony, such as res ipsa loquitur or lack of informed consent; an affidavit stating that is filed instead (KRS 411.167(4)).
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.
Not by itself. But it’s a reason to have the case reviewed.
Yes. Consent covers known risks of a properly performed procedure, not negligence.
Infections can be a known risk or the result of poor sterile technique or delayed treatment. Records and expert review tell the difference.
As soon as you suspect an error. Kentucky’s deadline is generally one year from discovery.
We’ll get the records reviewed and tell you where you stand.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
