lawsuit – MD Update

The COVID-19 Vaccine: Challenges, Opportunities, and What Employers Should Know

February 1, 2021February 17, 2021 E. Douglas Stephan $, $900 billion stimulus package, 000, 000 second dose, 38, 900, absence of a specific federal statute, act 's application, act declaration, actual vaccination, American 's effort, amount of the vaccine, coronavirus, coronavirus vaccine, court negligence claim, covered person, COVID-19, COVID-19 liability protection, COVID-19 pandemic, COVID-19 vaccine, COVID-19 vaccine while, distribution challenge, early vaccination, effective coronavirus vaccine, effective vaccination, employee, employer, employer protection, essential worker, federal immunity, federal legal guidance, guidance, harm of the coronavirus, healthcare, healthcare provider, immunity, inaction of a business, issue involve federal jurisdiction, Kentucky, Kentucky 's initial, lawsuit, liability, liability protection, local healthcare provider, Moderna estimate, negligence, pandemic, Pfizer-BioNTech, polio, positive news, positive news of effective coronavirus vaccine, potential legal liability, public readiness, reluctance of people, report of adverse reaction, responder, specific federal statute, state law negligence claim, state liability law raise, subsequent congressional negotiation, successful vaccination program, U.S. vaccine safety system, U.S. vaccine safety system 's goal, unclear communication, use of measure, vaccination, vaccine, vaccine 's effectiveness, vaccine adoption

After a long and difficult year dealing with the COVID-19 pandemic, 2021 began with the positive news of effective coronavirus

Read more

Kentucky Tort Reform Update: The Certificate of Merit Act

October 1, 2019December 9, 2019 Stephanie Wurdock §411.167, amount of money plaintiff, attorney, Bill 429, blow of medical malpractice claim, certificate, certificate of merit, certificate of merit act, Chad McCoy, complaint, consult expert, David Osborne, expert, fact of the case, financial protection, HB 429, Kentucky, Kentucky chamber, Kentucky lawmaker, Kentucky tort reform update, lawsuit, malpractice, malpractice claim, malpractice lawsuit, malpractice tort reform, medical litigation, medical malpractice, medical malpractice claim, medical malpractice lawsuit, medical malpractice tort reform, medical review panel act, merit, merit act, merit of proposed complaint, money plaintiff, MRP act, negligence, nursing-home, nursing-home industry, orthopedic surgeon, outrageous jury award, patient compensation fund, physician, plaintiff, plaintiff 's attorney, plaintiff 's bar, proposed complaint, R-Bardstown, R-Prospect, reasonable basis, review panel act, significant proportion of tort reform, standard of care, successful plaintiff, support of the Kentucky chamber of commerce, surgeon, testimony, three-person panel, tort, tort reform, tort reform measure time

Tort reform has been a hot-button issue in Kentucky for many years. The phrase “tort reform” refers generally to changes

Read more

Does Saying “I’m Sorry” Help or Hurt You?

June 1, 2019September 4, 2019 Donald P. Moloney 3, admission of fault, admission of negligence, alleviate anger, apology, apology statute, bad outcome, cause of medical error, culture of medicine, disclosure program, doe, explanation, filing of the lawsuit, full disclosure program, general sense of benevolence, healthcare, healthcare provider, highly-regarded physician-patient relationship, Kentucky, Kentucky lawmaker, lawmaker, lawsuit, Lexington, Lexington VA, ligation cost, litigation defense save, litigious climate, malpractice, malpractice lawsuit, malpractice suit, MD 's tenure, medical malpractice lawsuit, medical malpractice suit, medical practitioner, medical risk management, Moloney, negligence, outcome, outcome.2, Pat Moloney, patient 's family, patient-centric, patient-centric model, physician, practitioner, R-Winchester, Ralph Alvarado, sincere expression, sincere expression of empathy, sorry work, statute, Steve Kraman, unexpected medical outcome, unexpected outcome.2, VA, way insurance company

There was a time when physicians wouldn’t hesitate to explain why a bad outcome occurred and offer an apology to

Read more

A Legislative Update and Review of the MRP Process

March 1, 2018May 8, 2018 Andrew Desimone affidavit, affidavit of merit, attorney, attorney chairperson, awarded damage, bill, Bill 4, brief discussion of the bill, chairperson, client 's award, defendant, defendant physician, full backstory, issue 108, Kentucky, lawsuit, legislation, legislative update, litigation, malpractice, malpractice action, malpractice damage, malpractice lawsuit, malpractice-related, malpractice-related claim, MD-UPDATE, medical incident, medical malpractice action, medical malpractice damage, medical malpractice lawsuit, medical provider, medical record, medical review panel, medical review panel process, panel, panelist, peer, peer review, peer review investigation, physician, plaintiff, plaintiff 's attorney, post-event investigation, proposed legislation, provider, review panel, review panel process, SB2, section of SB20, Senate Bill 20, session of the Kentucky general assembly, significant potential impact, statement of sympathy, subsequent medical malpractice action

As soon as the 2018 session of the Kentucky General Assembly gaveled in on January 2, the legislature began to

Read more

SB18: Peer Review Privilege & Medical Malpractice Actions

July 1, 2017 Andrew Desimone accepted standard of care, amendment, candid peer review, candor, charity, Charity health system v., credentialing, credentialing process, defend physician 's case, discovery, free expert opinion, future of peer review privilege, future treatment error, general assembly, invaluable source of information, Kentucky, Kentucky general assembly, Kentucky supreme court, Ky., lawsuit, legislative session, malpractice, malpractice action, malpractice lawsuit, malpractice litigation, medical malpractice action, medical malpractice lawsuit, medical malpractice litigation, medical peer review, medical peer reviewer, merit of proposed malpractice suit, passage of SB4, peer, peer review, peer review committee, peer review privilege, peer review product, physician, physician 's case, physician note area, preamble, privilege, proposed malpractice suit, Raikes, recent legislative session, recent legislative session of the Kentucky general assembly, Reg, review physician note area, review physician note area of criticism, S.B. 18, SB 18, SB18, SB4, Sess, session, sister of Charity health system v., statue give vary degree, statue give vary degree of protection, statute, treatment error, v.

Great publicity surrounded the passage of SB4 during the recent legislative session of the Kentucky General Assembly—the bill that established

Read more

Legislative Update: SB4 – Medical Review Panels

February 1, 2017 Stephanie Wurdock bill, breach, broad overview of SB4, chosen panelist, core provision, dispute resolution agreement, expert opinion, flow of medical malpractice claim, healthcare, healthcare cost, healthcare practitioner, healthcare provider, Indiana, Indiana 's lead, individual provider, injured patient 's path, Kentucky, lawsuit, legislative update, licensed internist, malpractice, malpractice claim, malpractice complaint, medical malpractice claim, medical review panel, medical talent, member of the Kentucky legislature, merit of proposed malpractice complaint, national practitioner data bank, opinion, opponent claim, panel, panel process, panelist, patient 's path, payment, practitioner, practitioner data bank, proponent of SB4 claim, proposed malpractice complaint, provider, R-Winchester, Ralph Alvarado, requirement of SB4, review panel, rise healthcare cost, SB4, SB4 claim, Senate Bill 4, state court, tort, tort reform, valid alternative dispute resolution agreement, violation of a statute, written malpractice claim

According to the National Practitioner Data Bank, Kentucky reported an average of 269 payments each year from 2011 through 2015.

Read more

Kentucky’s Informed Consent Law

November 1, 2015 Andrew Desimone 2013-SC-111, adjacent structure, alleged lack of informed consent, alternative treatment, anastomosis, anesthesia, application of informed consent, benefit of medical procedure, consent, consent dialogue, consent discussion, consent document, consent lawsuit, DeSimone, dialogue, good practice, healthcare, healthcare provider, incontinence, infection, informed consent, informed consent dialogue, informed consent discussion, informed consent lawsuit, jury, Kentucky, Kentucky 's informed consent, Kentucky supreme court, KRS 304.40-320, lawsuit, malpractice, malpractice lawsuit, medical malpractice lawsuit, nerve, nerve damage, opinion, paralysis, parameter of an informed consent lawsuit, physician, possible alternative, potential risk, procedure, proposed procedure, reasonable individual, reasonable physician, Sargent, Sargent v., Shaffer, substantial risk, supreme court 's late opinion, surgeon, type of lawsuit, v., written informed consent document

A new opinion by the Kentucky Supreme Court has altered the application of informed consent in medical malpractice lawsuits in

Read more

Help Me Help You

May 1, 2015 Donald P. Moloney, II active role, anatomy chart, attorney, attorney 's staff, carrier, circuit court clerk 's office, communication preference, considerable time, counsel, denial of insurance coverage, deposition, deposition transcript, email inbox, exchange contact information, expert disclosure, group 's insurance, hectic day, initial client, insurance, insurance carrier, insurance coverage, lawsuit, legal defense, legible copy of the patient 's record, local circuit court clerk 's office, malpractice, malpractice claim, medical chart, medical malpractice claim, medical provider, medical timeline, Moloney, obtain personal counsel, patient 's attorney, patient 's record, policy limit, practice group, practice group 's designated process agent, practice manager, process agent, provider, restricted delivery, treatment of the patient, written discovery

You have had a hectic day at the office. Several patients required more time than scheduled, your staff is stressed

Read more

How to Handle a Subpoena Duces Tecum

December 1, 2012 MD-Update Staff address subpoena, attorney, certified mail, conclusion of litigation, court order, custodian, deposition, disclosure of patient record, duces, Duces Tecum, HIPAA, lawsuit, Lexington medical practitioner, M., M. Wurdock, medical record, notice of the subpoena, objection, office 's record, office 's written policy, official-looking, official-looking document, protective order, reasonable effort, record custodian, request attorney, request party, requested record, risk management personnel, strange word, subpoena, subpoena duces tecum, tecum, use of the record, written objection

LEXINGTON Medical practitioners across Kentucky are all too familiar with the following scenario: an official-looking document comes into the office,

Read more