Kentucky Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11C-0-1-3
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Kentucky Jury Instruction — 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense is a crucial instruction in the context of medical malpractice claims against hospitals and physicians in the state of Kentucky. This jury instruction addresses the defense argument related to the statute of limitations, which sets the time limit within which a plaintiff must file a lawsuit for a medical malpractice claim. The purpose of this particular jury instruction is to inform the jury about the specific statute of limitations defense raised by the defendant, emphasizing that the plaintiff must have timely filed their lawsuit within the specified time frame. The content of this instruction may vary depending on the facts and circumstances of the case, but generally includes the following key points: 1. Statute of limitations: The instruction would explain the relevant statute of limitations applicable to medical malpractice claims against hospitals and physicians in Kentucky. It would detail the time limit set by the law for filing a lawsuit, typically expressed in years or a specific date from the incident giving rise to the claim. 2. Commencement of the statute of limitations period: The instruction should clarify when the statute of limitations period begins to run. In Kentucky, this often depends on whether the plaintiff discovered or should have discovered their injury, which is known as the discovery rule. It may explain that the clock starts ticking from the date of the alleged malpractice or from the date when the injury was discovered or reasonably should have been discovered. 3. Tolling or exceptions: If applicable, the instruction might provide information on any tolling or exceptions to the statute of limitations. These exceptions may include cases involving fraud, misrepresentation, or patients who were mentally incapacitated. 4. Burden of proof: The instruction will address the burden of proof for the defense in establishing that the statute of limitations has indeed expired. It will explain that the defendant holds the burden to prove that the plaintiff's claim is time-barred, with the plaintiff often having the burden to prove that an exception or tolling provision applies. 5. Potential outcomes: Lastly, the instruction may briefly mention the potential consequences if the jury finds that the statute of limitations defense is successful. This can include a dismissal of the plaintiff's claim or a verdict in favor of the defendant. It is worth noting that while Kentucky Jury Instruction — 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense is a general instruction, there may be variations or alternate instructions given specific circumstances such as the type of malpractice alleged (surgical errors, misdiagnosis, medication errors, etc.) or if the claim involves other parties apart from hospitals and physicians.