A birth injury caused by medical negligence can affect your child for life. Knowing how long you have to act in Kentucky is critical to protecting your family’s legal options.

Kentucky’s one-year filing deadline

Kentucky law sets a one-year statute of limitations for medical malpractice claims, including those involving birth injuries. Under KRS § 413.140(1)(e), the clock generally starts on the date the injury occurred or was discovered. If you miss this window, a court may dismiss your case entirely and you could lose your right to compensation.

This deadline exists to protect the integrity of evidence and ensure timely resolution of legal disputes. For birth injury cases, where medical records and expert testimony carry significant weight, early action can strengthen your claim.

Exceptions that may extend your deadline

Not every birth injury is obvious at delivery. Some conditions like cerebral palsy may not receive a formal diagnosis until a child is two years old or older. Kentucky law recognizes these situations and provides limited exceptions:

• Minor status: A child injured before age 18 may file within one year of turning 18.
• Delayed discovery: If the injury was not immediately apparent, the one-year period may start from the date of diagnosis.

These exceptions do not apply automatically. Whether your situation qualifies depends on the specific facts of your case.

What a birth injury claim may include

A strong claim typically requires more than a diagnosis. Families may need to gather several types of documentation:

• Medical records: Prenatal care notes, labor and delivery logs and newborn charts.
• Certificate of merit: An expert-reviewed document confirming the legal basis of your claim.
• Financial evidence: Medical bills, projected care costs and rehabilitation expenses.

Starting this process early gives you more time to work with specialists and organize the evidence your case may require.

You may speak with a Kentucky birth injury attorney

Filing deadlines in birth injury cases are strict and the exceptions are narrow. A qualified attorney can evaluate your timeline and help you understand whether your claim is still viable. Consulting with legal counsel as soon as possible is the most effective way to protect your rights.