KY Supreme Court

Kentucky’s Medical Review Panels Act Enacted and Struck Down

The Medical Review Panels Act In 2017, the Kentucky General Assembly enacted a law called the Medical Review Panels Act. Under the Act, state courts were supposed to hear medical malpractice claims. The Act “required medical malpractice claimants to submit their case to a panel of three health care providers and one non-voting attorney,” to see if they could start a lawsuit in court. Groups who argued for the Act did so because “review panels would cut down on ‘frivolous medical malpractice [...]

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Medical Malpractice Expert

Why You Need an Expert Witness for Your Medical Malpractice Case

Expert witnesses make a huge difference in any medical malpractice case. The role of a medical expert who is testifying in a med mal case is to either validate or disprove the plaintiff’s claims. Each side will have their own expert witnesses to prove their arguments. Since medical malpractice can be complicated for someone with no medical background, having a medical expert by your side can help break down the negligent healthcare provider’s fault in simple terms. When do You Need an [...]

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Covid-19 Medical Malpractice

Coronavirus: Can a Kentucky Hospital or Doctor be Sued for Medical Malpractice?

Doctors, nurses, and other healthcare providers are risking their lives when treating coronavirus patients and preventing the spread of COVID-19. Unfortunately, not all doctors and hospitals adhere to accepted standards of care when coping with a surge in COVID-19 patients during the pandemic. As providers are likely to make medical errors and cause harm to patients during these unprecedented times, can you sue a negligent doctor or hospital for medical malpractice during the coronavirus [...]

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Surgery

Sponge Left Inside a Patient After Surgery Leads to a $10 Million Verdict

We expect surgeons to provide the best possible care. While this is the case most of the time, surgical errors happen more frequently than you think. A common form of surgical error is leaving foreign objects inside patients. Unfortunately, thousands of Americans every year who undergo surgery have medical instruments and other foreign objects left inside them by their surgeon. When this happens, the patient may sue the negligent surgeon and hospital. Kentucky Woman Awarded $10.5 Million [...]

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Cost of Medical Malpractice

A 2019 Study Reveals the Average Cost of Medical Malpractice Claims in the U.S.

Medical malpractice claims are becoming costlier in the United States, according to the latest analysis by a leading insurer of hospital professional liability (HPL). Beazley found that the average cost of a medical malpractice claim in Kentucky and other parts of the country has increased by 50% in the past decade. The study, which was published in a collaborative article by Beazley and Aon, also noted a sharp increase in the number of claims with payouts of over $5 million in the past [...]

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Doctor Burnout

New Study Shows Up to 54% of Doctors and Nurses Suffer From Physician Burnout

A new report shows that up to 54% of doctors and nurses in the U.S. are suffering from physician burnout. Statistically speaking, physician burnout is a top contributor to medical errors, with a 2018 Johns Hopkins study showing that medical malpractice is now the third-leading cause of death in the country. Determining that a medical error was caused by physician burnout can be tough, which is why you need a Lexington medical malpractice lawyer to investigate your case. Study Shows Most [...]

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Counterfeit Drugs

Who can You Sue if You Purchased Counterfeit Drugs in Lexington?

If you are someone who likes to save money on prescriptions by purchasing medications online, you may be doing it at the expense of your health. After all, it is not uncommon for websites and “online pharmacies” to sell counterfeit drugs instead of brand-name medications. Health organizations and authorities have warned Americans about the dangers of purchasing and taking fake drugs. Unless you are buying medications from a certified pharmacist, there is no way to tell if the medicine you [...]

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Signs of Medical Malpractice

Common Signs of Medical Malpractice

Medical malpractice is a serious problem that affects thousands of people every year in Kentucky. Doctors, nurses, lab technicians, and other medical professionals need to be held accountable for their actions that cause their patients to suffer serious medical issues. When we go to the doctor, we expect to be diagnosed, treated, and sent home in the hopes of getting better soon. Unfortunately, not all doctors, nurses, or other medical professionals will provide their patients with the high [...]

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Kentucky Medical Malpractice Law

Understanding the Law – Kentucky Medical Malpractice

Doctors, nurses, and all other medical providers, are individuals worthy of respect as they take care of our loved ones and us. Medical providers provide excellent care and attention, sometimes during emergency situations. However, although rare, medical mistakes can happen. Recently, a young woman was in the middle of giving birth when she was abruptly switched to a different hospital. The hospital she was transferred to used birthing tubs and cushy suites. Nevertheless, despite what the [...]

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Kentucky Pure Comparative Negligence

Pure Comparative Fault in Kentucky

Have you recently been in a car accident here in Kentucky? Are you afraid that you are not entitled to damages because you were partially at fault? This would be true in some states, namely: North Carolina, Alabama, Maryland, Virginia and the District of Columbia. In these states, even if the injured party (“Plaintiff”) was one percent at fault, he will most likely not be entitled to any damages! Nevertheless, and thankfully, this is not the law in Kentucky. Here in Kentucky, your degree of [...]

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