Is it too late to initiate litigation if waited until the one year statute is up?

Statute of limitations are governed by state law. You should contact a Kentucky medical malpractice attorney and run the facts of the case by him.  In general, most states have an exception to the two year statute of limitations in medical malpractice cases known as "the discovery rule." Essentially, this rule holds that the statute of limitations does not begin to accrue until a patient knew or should have known that the medical provider made a mistake that was negligent. I am skeptical about whether you will meet that requirement at face value, but it is probably worth speaking to a lawyer to get a well-reasoned answer.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com