Frankfort judge strikes down law requiring medical review of malpractice lawsuits; Bevin to appeal

A judge has ruled that a new law aimed at decreasing frivolous lawsuits and lowering malpractice insurance costs was unconstitutional, and he prohibited the state from enforcing it. Franklin Circuit Judge Phillip Shepherd The Oct. 30 ruling by Franklin Circuit Judge Phillip Shepherd said the 2017 law is unconstitutional because it restricts the right of people to plead their cases in court by requiring...

Attorneys file 111 medical negligence cases to beat new law requiring prior health panel review

In a proverbial rush to the courthouse, Kentucky lawyers filed 111 lawsuits alleging medical negligence in the week before a new state law took effect, requiring such suits to be reviewed by a panel of health professionals before they can proceed. Andrew Wolfson of The Courier-Journal in Louisville reports that 68 of the suits allege “that doctors, hospitals, nursing home and other medical professionals...

Commentary: Meaningful liability reform underway in Kentucky, but further work remains to be done

By Michael G. Adams Special to KyForward For too long, Kentucky has been a favored hunting ground for trial attorneys due to its designation as one of the nation’s worst places for legal liability, which has made it difficult to attract physicians, hospitals and businesses to the Commonwealth. Thankfully, Gov. Matt Bevin and the General Assembly made significant progress in reforming our legal liability...

Legislative Update: Improving, protecting the lives of children the focus of legislative work last week

Improving the lives of Kentucky’s children was on the minds of the state’s legislators this week as several bills made their way through the General Assembly. Included were measures to stabilize the lives of children in foster care, stem the tide of young people being recruited into criminal gangs, and broaden the scope of background checks for adults who work in proximity with children. Senate...

Legislative Briefs: Medical review panel bill passes House; Senate approves nuclear power measure

Medical malpractice lawsuits can now be filed in Kentucky at any time. But under a bill passed narrowly Wednesday by the Kentucky House, peer review of malpractice cases would be required before they could go to court. “Medical review panels” proposed under Senate Bill 4, sponsored by Sen. Ralph Alvarado, R-Winchester, would be required to review any malpractice complaint against a health provider...

With GOP controlling Legislature, Kentucky likely to get measures to restrict malpractice lawsuits

The coming Republican control of state government makes it likely that doctors and other health-care providers will get from the General Assembly what they have wanted for more than 30 years: legislation to limit non-economic damages in malpractice lawsuits. But the voters will have the final say, because the measure will require changing the state constitution. Meanwhile, the legislature and Gov....

Gena Bigler: Malpractice rarely means doctors pay; medical review boards lessen that rate

(Photo from St. Pius X College)   Accidents happen; it’s a fact of life. Some can be prevented.   We as a society do what we can to put a stop to accidents whenever possible. We outlaw texting while driving; we make drinking and driving illegal; and we set standards and write policy. We fund protection agencies to watch over certain industries to maintain those safety policies. Somehow...