The Lawrence Firm, PSC

Contact us today

Arrange a Consultation with an Experienced Attorney

Protecting the Rights of the Injured for More than 40 Years

Kentucky legislature considers medical tort reform

Kentucky's nursing homes are sued more often than those of any other state. While some blame a litigious atmosphere fostered by judgment-friendly juries, more often lawsuits are the result of real medical malpractice issues: failure to diagnose, mismanagement of care and even wrongful death caused by negligence on the part of healthcare workers.

A recent bill proposed in the Senate would establish a three-physician Medical Review Panel that would examine malpractice cases before allowing them to proceed. The decision would be non-binding but admissible in court, possibly influencing juries on their verdicts. Currently, 16 states have some form of medical review panel to screen lawsuits before they reach the courtroom.

Kentucky does not place a limit on damages awarded for pain and suffering, so nursing homes can be sued for almost any amount. Supporters of the medical review panel idea claim that weeding out frivolous claims would help nursing homes save money and manage funds more efficiently. They claim that the review panel will save the tax payers money, as well, since 65 percent of Kentucky's nursing home residents are receiving Medicaid.

However, restricting the rights of individuals to take action against those who have injured them is not only unconstitutional but also encourages greed and profit before safety. Unless patients have unrestricted access to the remedies prescribed by law, nursing home abuse and neglect could become rampant as facilities look for ways to cut costs and maximize profit. Allowing victims of nursing home neglect or abuse to consult with a medical malpractice attorney and determine if they have grounds for a lawsuit is a right that many feel should never be violated.

Source: The Richmond Register, "Blessed be the caretakers; woe unto those who frivolously sue them," Jim Waters, March 18, 2013

No Comments

Leave a comment
Comment Information
  • American Association for Justice
  • Martindale-Hubbell - Peer Review Rated - AV Rated Law Firm
  • InjuryBoard - An Alliance of Safety Advocates
  • Super Lawyers

The Lawrence Firm, PSC Attorneys At Law

Contact

  • Ohio Office

    8044 Montgomery Road
    Suite 700
    Cincinnati, OH 45236
    Phone: (513) 651-4130
    Toll Free: (800) 698-4054
    Fax: (859)-578-1032
    Map and Directions
  • Kentucky Office

    606 Philadelphia Street
    Covington, KY 41011
    Phone: (859)-578-9130
    Toll Free: (800) 698-4054
    Fax: (859)-578-1032
    Map and Directions
  • Toll Free 800-698-4054
  • Fax 859-578-1032
  • Email
  • FindLaw Network