As it stands in most states across the nation, when a person is injured by a medical professional’s error or negligence, they have the right to file suit for medical malpractice. In Kentucky, the ease of which a person can file a claim is changing. The state recently passed a bill that will create panels of providers to review claims of medical malpractice before those claims are permitted into court.
The bill made its way through the House and Senate, and it is expected to be signed by Governor Matt Bevin. The bill, if made into law, will require review panels comprised of medical professionals to review the merits of a lawsuit before it reaches a judge and jury. Opponents to the bill say that is may be unconstitutional.
As originally written, the bill would have automatically allowed the opinion of the panel to be admissible as evidence in court. The bill was altered slightly before it was passed. If made into law, the bill stipulates that the panel would have only nine months to issue an opinion or the case would automatically advance to court. Additionally, the bill stipulates that the sitting judge would decide if the panel’s opinions were admissible as evidence rather than it being automatic.
Whether or not other states will follow Kentucky’s lead remains to be seen.
When you visit a doctor or other medical professional, you have a reasonable expectation of care. When that standard of care is not met in New York, you may have the right to seek compensation. Reach out to our team of medical malpractice attorneys and tell us about your case. We will review the details at no cost to you and advise you of your legal options. Call now to schedule your free case evaluation.