12 Kentucky opinions name it 2 courts 1978–2026 7 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Baylis v. Lourdes Hospital, Inc.green2 sentences2024See Baylis v. Lourdes Hosp., Inc., 805 S.W.2d 122, 124 (Ky. 1991) (citations omitted). 2024See Baylis v. Lourdes Hosp., Inc., 805 S.W.2d 122, 124 (Ky. 1991) (citations omitted). | 4 | 4 |
Tomlinson v. Siehlgreen2 sentences2026Thomlinson v. Siehl, 459 S.W.2d 166, 168 (Ky. 1970). 2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within | 1 | 2 |
Michels v. Sklavosgreen2 sentences2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within 2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within | 1 | 1 |
Queensway Financial Holdings Ltd. v. Cotton & Allen, P.S.C.green2 sentences2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within 2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within | 1 | 1 |
Holton v. Pfingstred1 sentence2022And as held in Holton v. Pfingst, 534 S.W.2d 786, 788 (Ky. 1975), a medical malpractice claim based on lack of informed consent is a negligence claim. 18 Significantly, however, the legislature has effectively codified the elements of informed consent by enacting KRS 304.40-320. | 1 | 1 |
Jensen v. Archbishop Bergan Mercy Hospitalgreen1 sentence2015Further, the defense of comparative or contributory negligence does not apply when “a patient’s conduct provides the occasion for medical attention, care or treatment which later is the subject of a medical malpractice claim or when the patient’s conduct contributes to an illness or condition for which the patient seeks the medical attention, care or treatment on which a subsequent medical malpractice claim is based.” Id. at 187. | 1 | 1 |
Martin v. Reedgreen2 sentences2015See also Martin v. Reed, 200 Ga.App. 775 , 409 S.E.2d 874, 877 (1991) (“patients who may have negligently injured themselves are nevertheless entitled to subsequent non-negligent medical treatment and to an undiminished recovery if such subsequent non-negligent treatment is not afforded.”). 2015See also Martin v. Reed, 200 Ga.App. 775 , 409 S.E.2d 874, 877 (1991) (“patients who may have negligently injured themselves are nevertheless entitled to subsequent non-negligent medical treatment and to an undiminished recovery if such subsequent non-negligent treatment is not afforded.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
John Adams M.D. v. Mark Sietsema
green
1 sentence2024As we have said, not every medical malpractice case requires expert testimony, Sietsema, 533 S.W.3d at 177 ; but that does not mean that every ordinary negligence case amounts to res ipsa loquitur. | 1 | 2024–2024 |
Perkins v. Hausladen
green
1 sentence2024This is true whether Arnsperger has brought a medical malpractice claim or an ordinary negligence claim, since Kentucky law allows medical experts to testify to establish “sufficient foundation for res ipsa loquitur on more complex matters.” Hausladen, 828 S.W.2d at 655 . | 1 | 2024–2024 |
Louisville Trust Co. v. Johns-Manville Products Corp.
green
1 sentence2023Holdings Ltd. v. Cotton & Allen, P.S.C., 237 S.W.3d 141, 148 (Ky. 2007). 19 459 S.W.2d 166 (Ky. 1970) (holding that the statute of limitations for a medical malpractice claim against a physician who negligently performed a sterilization surgery on a female patient did not begin to run until she discovered she was pregnant). 20 580 S.W.2d 497 (Ky. 1979) (holding that the Tomlinson discovery rule extended to tort actions for injuries resulting from latent disease caused by exposure to harmful substances). 21 Michels, 869 S.W.2d at 732 . 22 Id. 23 Id. 24 Id. at 730 (“If the suit was filed within | 1 | 2023–2023 |
Charash v. Johnson
green
1 sentence2015In Charash v. Johnson, 43 S.W.3d 274 (Ky.App.2000), a decedent’s widow brought a medical malpractice claim against several physicians, a nurse, and the UKMC. | 1 | 2015–2015 |
Dorn v. McTigue
green
2 sentences2007In analyzing Dorn’s claim, the District Court stated that, in order for the CPPA to apply in the context of a medical malpractice claim, a plaintiff must “demonstrate a nexus between the claims at issue and the entrepreneurial aspect of the medical practice.” Dorn, 121 F.Supp.2d at 19 . 2007The court noted that “[t]he entrepreneurial-nexus requirement is designed to prevent parties from bringing standard medical-malpractice claims under the CPPA.” Id. | 1 | 2007–2007 |
Wright v. State
green
2 sentences2001Wright v. State, 639 So.2d 258 (La.1994), held that a medical malpractice claim for improper hernia repair necessitated by work injury was not barred by workers’ compensation. 2001Wright v. State, 639 So.2d 258 (La.1994), held that a medical malpractice claim for improper hernia repair necessitated by work injury was not barred by workers' compensation. | 1 | 2001–2001 |
Tatum v. Medical University of South Carolina
green
2 sentences2001Tatum v. Medical University of South Carolina, 335 S.C. 499 , 517 S.E.2d 706 (1999), noted the distinction that the employee was not working in the capacity for which she was employed when she was injured by the alleged malpractice. 2001Tatum v. Medical University of South Carolina, 335 S.C. 499 , 517 S.E.2d 706 (1999), noted the distinction that the employee was not working in the capacity for which she was employed when she was injured by the alleged malpractice. | 1 | 2001–2001 |
Hackworth v. Hart
green
1 sentence1978The trial court further relied upon the rule of law established in the case of Hackworth v. Hart, Ky., 474 S.W.2d 377 (1971). 1 Runner testified he was not hired to represent the estate of Lula Roach on a medical malpractice claim; made an investigation of the facts surrounding the auto accident; filed suit on same in Federal Court for the Eastern District of Kentucky at Lexington against the driver of the other auto in the accident, and never suspected the possibility of a medical malpractice claim. | 1 | 1978–1978 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.