Damage Caps in Medical Malpractice Cases in Kentucky

If a healthcare provider’s inappropriate care has harmed you, you may be eligible to receive financial compensation in Kentucky. The legal term for this is damages. When determining the value of your case, you should take into account any limits that may be in place in Kentucky, such as damage caps, which can reduce the amount of money you can receive.

No Medical Malpractice Damage Cap in Kentucky

In Kentucky, there are no legal limits on how much money can be awarded in a civil lawsuit. If a plaintiff wins a case, they could potentially receive a large settlement or jury verdict. There is no protection for the defendant in the form of a damage cap, which is the case in many other states.

Kentucky has no upper limit on the financial compensation that can be awarded to someone who has been a victim of medical malpractice. There is no restriction on how much money can be given out for economic and non-economic damages, including compensation for physical pain, mental anguish, and other types of suffering. A jury can award an amount they believe is fair and reasonable without adhering to a maximum cap.

Victims of medical negligence may seek the full amount of their financial losses. This includes bills for past and future medical treatments, medications, therapies, lost wages, out-of-pocket expenses, travel costs, disability costs, and more. There is no restriction on what damages a patient can recover when bringing a case against a doctor, surgeon, hospital, or other health care provider. Therefore, those suffering from medical malpractice can seek the full amount of their damages without limit.

Damage Cap by the Kentucky Claims Commission

The Kentucky Claims Commission has set a limit on the amount of money awarded in a lawsuit against the state or its employees. This cap is $200,000 per claim, but it can be increased to $350,000 for multiple negligent actions. If there are multiple injured victims, the damages will be divided amongst them. This cap may apply to medical malpractice cases involving a government or public entity, such as a state or local government-owned hospital or medical center. 

So, if you were injured due to a medical mistake at one of these facilities and you named the government as the defendant, your total economic and non-economic damages may be limited to $200,000.

Conclusion

Damage caps in medical malpractice cases in Kentucky have been debated, but the current system is relatively generous. Medical malpractice cases in Kentucky are subject to various procedural rules designed to ensure that the claims are valid and that the damages are reasonable. With the current system of caps in place, medical malpractice cases in Kentucky are generally decided on their merits. 

Claims can be awarded according to the court finding the damages resulting from gross negligence on the part of the healthcare provider. It is important to consult an experienced medical malpractice attorney if you believe that you or a loved one has been the victim of medical malpractice in Kentucky.

At Circeo Law Firm, our award-winning Kentucky injury attorneys will aggressively advocate for justice if you or a loved one were injured due to someone else’s negligence. Through the passion, tenacity, and talent of our legal team, we have helped obtain hundreds of millions of dollars for our clients through verdicts and settlements. If you need medical malpractice lawyers in Lexington, KY, we’ve got you covered! Get in touch with us and let us know how we can help!