Medical malpractice in Kentucky
The constitution bars a damages cap
Kentucky medical malpractice claims generally must be filed within one year of discovery. Most cases need a certificate of merit with the complaint. They are not limited by a statutory damages cap, because the state constitution blocks legislative limits on personal-injury and wrongful-death recovery.
Last reviewed September 22, 2026
- Damages cap
- None
- Usual filing window
- 1 year
- Printed 5-year limit
- Not enforced
The constitution bars a legislative ceiling
From discovery of the injury
McCollum held the printed repose unconstitutional
Damage caps
Kentucky has no statutory medical malpractice ceiling on economic or noneconomic damages. Sections 54 and 241 of the Kentucky Constitution prohibit the General Assembly from limiting the amount recovered for personal injury or death. The absence of a cap does not imply a high result. Proof still controls.
Not capped
Economic damages
Economic damages are limited by proof. There is no statutory medical malpractice ceiling on those losses. Section 54 of the Kentucky Constitution says the General Assembly has no power to limit the amount recovered for injuries resulting in death, or for injuries to person or property.
No cap
Noneconomic damages
There is no statutory medical malpractice noneconomic damages cap. Section 54 bars a legislative limit on the amount recovered for personal injury or death. Section 241 separately protects wrongful-death recovery. Do not describe a remittitur practice as a functional damages cap.
The constitutional bar is the rule, not merely the absence of a statute. A later damages-cap bill would still have to be read against sections 54 and 241.
Punitive damages
This review did not identify a malpractice-specific statutory ceiling on punitive damages. Broader punitive reforms have historically collided with Kentucky's jural-rights doctrine, including in Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). Confirm any later punitive statute on the facts. Do not treat that history as a current dollar cap.
Filing deadlines
File within one year after the injury is discovered or reasonably should have been discovered. A five-year outer limit still appears in the statute, but Kentucky's highest court held that medical malpractice repose unconstitutional. It is not treated as enforceable. File the required certificate of merit with the complaint unless a narrow statutory exception applies.
- General rule
An action against a physician, surgeon, dentist, or hospital for negligence or malpractice generally must be commenced within one year after the cause of action accrued.
- Discovery
For those medical claims, the cause of action accrues when the injury is first discovered, or when in the exercise of reasonable care it should have been discovered.
- Printed repose
KRS 413.140 still prints a five-year outer limit running from the alleged negligent act or omission. McCollum v. Sisters of Charity of Nazareth Health Corp. held that outer limit unconstitutional as applied to medical malpractice, because it could extinguish a claim before discovery. The printed five-year limit is not treated as enforceable for an ordinary medical malpractice claim unless later authority restores it.
- Certificate of merit
A claimant who starts a KRS 413.140(1)(e) action, or certain long-term-care claims, must file a certificate of merit with the complaint. The certificate states that the claimant reviewed the facts and consulted at least one qualified expert who concluded there is a reasonable basis to start the action. Narrow alternatives exist when limitations will expire imminently, with a 60-day supplement, when three good-faith consultation attempts fail, or when the claim needs no expert. McMillin v. Sanchez and companion 2024 Kentucky Supreme Court decisions require strict compliance. A later discovery disclosure is not a substitute. Failing to file the certificate with the complaint can end the case.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The constitution blocks a damages cap
Kentucky's valuation headline is constitutional. Sections 54 and 241 leave no ordinary path for a private medical malpractice damages cap. Proof, causation, and expert quality still drive the result.
The certificate must come with the complaint
After the 2024 strict-compliance decisions, a missing certificate of merit is the early process trap. Filing it later in discovery does not cure the omission.
The printed five-year limit is not the rule
The five-year outer limit is still in the statute book. McCollum held that medical malpractice repose unconstitutional. It is not treated as enforceable for an ordinary claim.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Kentucky case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Outcomes turn on liability proof, damages evidence, and certificate compliance. Kentucky does not use a statutory dollar ceiling.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Kentucky has no statutory medical malpractice damages cap. Sections 54 and 241 of the Kentucky Constitution bar the General Assembly from limiting recovery for personal injury or wrongful death. The filing period is one year from discovery under KRS 413.140. A five-year outer limit is still printed in that statute, but McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990), held that medical malpractice repose unconstitutional. It is not treated as enforceable for an ordinary medical malpractice claim. KRS 411.167 requires a certificate of merit with the complaint, and McMillin v. Sanchez (Ky. 2024) requires strict compliance.
- Ky. Const. §§ 54 and 241 (opens in a new tab)Accessed September 22, 2026
- KRS 413.140 (limitations) (opens in a new tab)Accessed September 22, 2026
- KRS 411.167 (certificate of merit) (opens in a new tab)Accessed September 22, 2026
- McCollum v. Sisters of Charity, 799 S.W.2d 15 (Ky. 1990) (opens in a new tab)Accessed September 22, 2026
- McMillin v. Sanchez (Ky. 2024) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Kentucky attorney about discovery accrual and the certificate of merit that must be filed with the complaint.