Kentucky patients and medical malpractice: What are my rights?

On Behalf of | May 6, 2025 | Personal Injury

In Kentucky, patients have specific rights to protect them from medical negligence. These rights ensure that healthcare providers adhere to a standard of care that is both ethical and professional. Knowing these rights empowers you to take action if you suspect malpractice.

Key patient rights include:

  1. Right to informed consent: Before any procedure, you must receive comprehensive information about the risks, benefits, and alternatives. This allows you to make an informed decision about your treatment.
  2. Right to access medical records: You have the right to review and obtain copies of your medical records. This transparency is vital for understanding your medical history and any treatments you have received.
  3. Right to confidentiality: Your medical information must remain private and secure. Healthcare providers must protect your data from unauthorized access.

Understanding these rights is the first step in safeguarding your health and well-being.

How do I build a medical malpractice case?

Medical malpractice occurs when a healthcare provider fails to provide care within the accepted standard and this failure harms the patient. Kentucky law provides a framework for victims to seek justice and compensation. It is important to take steps to protect your rights if you suspect medical malpractice. These include:

  1. Put it in writing: It is important to have records of medical treatments, including dates, times, and the names of healthcare providers involved. This documentation can serve as evidence if you choose to move forward with a medical malpractice claim.
  2. Consult a medical malpractice attorney: An experienced attorney can evaluate your case, explain your rights, and guide you through the legal process.
  3. File a claim within the statute of limitations: In Kentucky, you must file a medical malpractice claim within one year from the date of the injury or when you discovered the injury. Failing to meet this deadline can result in losing your right to compensation.

Taking these steps can help you build a strong case and increase your chances of a favorable outcome.

It is important that victims of medical malpractice gain a basic understanding of their legal rights as a patient and the remedies available in Kentucky if you experience medical malpractice. By staying informed and taking proactive steps, you can protect your health and seek the justice you deserve.