negligence – MD Update

Critical Delays: The Importance of Meeting the Standard of Care for Cancer Diagnosis

December 1, 2021December 10, 2021 Andrew Desimone, Esq additional pain, breach, breach of the standard of care, cancer, cancer screen program, causation, causation defense, causation standard, chance, common lawsuit, competent physician, COVID-19, COVID-19 pandemic, COVID-19 patient, critical delay, damage exposure, defend delay, defendant physician, delay, delayed diagnosis, diagnosis, diagnosis case, diagnosis of cancer, diagnosis of cancer case, diminished chance, diminished chance of survival, expert testimony, general negligence claim, healthcare, healthcare professional, hospital redirect resource, injury, jury, Kentucky, legal causation standard, levels.1, lost chance, lost chance of survival, malpractice, malpractice case, malpractice defense, medical malpractice case, medical malpractice defense, medical probability, multiple hospitalization, necessary expert proof, negligence, NIH find show, oncology, oncology service, oppose expert, outcome, pandemic, patient-physician, patient-physician relationship, physician, physician breach, physician breach of the standard of care, pre-pandemic, pre-pandemic levels.1, probability, provider, reasonable degree, reasonable degree of medical probability, reasonable degree of probability, reduction of the odds of recovery, requirement of an expert witness, routine cancer screen, significant damage exposure, site surgery, standard of care, subset of a general negligence claim, summary dismissal of the lawsuit, surgery, survivability, survival, testimony, wrong site surgery

One of the most common lawsuits in medical malpractice defense is a delay in diagnosis of cancer. According to the

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Legal Liability During the COVID-19 Pandemic – What Do We Know?

August 1, 2021October 18, 2021 Doug Stephan applicable exception, business owner, care facility, Care professional, care provider, causation, COVID-19, COVID-19 case, COVID-19 death, COVID-19 immunity protection, COVID-19 pandemic, COVID-19 vaccination, COVID-19 vaccine, Delta variant, Delta variant spread, Dittert, employee, employee of long-term care facility, employer, essential worker, federal bill, federal medicare, frontline worker, great risk of severe illness, healthcare, healthcare provider, HEROES-RECOVER, home case, immunity, infection, injury, Jamie W., Kentucky, Kentucky constitution, Kentucky law, lawsuit, liability, liability immunity, litigation, long term care facility, long-term care provider, low vaccination rate, mandatory vaccine, negligence, negligence litigation, nurse home, nurse home case, one-third of U.S. COVID-19 death, pandemic circumstance, plaintiff, provider, staff vaccination, standard of care, statute, study of health care worker, U.S. count, U.S. COVID-19, U.S. COVID-19 death, underlie health condition, universal staff vaccination, urge national COVID-19 civil liability immunity, vaccinated people, vaccination, vaccination mandate, vaccine, virus, W.

As of summer 2021, the U.S. counts over 35 million COVID-19 cases and more than 616,000 deaths. Nearly one-third of

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

February 1, 2021April 14, 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

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COVID-19 Immunity Protection for Healthcare Professionals

May 1, 2020September 4, 2020 Jamie Wilhite Dittert absolute immunity, AED machine, aspect of the provision of CPR, circumstance, complete absence of care, context of COVID-19, COVID-19, COVID-19 crisis, COVID-19 immunity, COVID-19 immunity protection, COVID-19 patient, COVID-19 trigger, COVID-19 trigger pre-existing protection, defense cover provider, egregious action, emergency, emergency care, exist good Samaritan law, front-line healthcare provider, future medical treatment, health emergency situation, health entity, healthcare, healthcare provider, healthcare provider 's ordinary negligence, healthcare provider give care, healthcare service, healthcare service outside, healthcare service outside of the provider 's professional scope of practice, immunity, immunity defense, Kentucky, Kentucky 's exist requirement, Kentucky 's state, Kentucky 's state of emergency, KRS 217.5401, limited circumstance, medical negligence case, negligence, non-exclusive list, non-exclusive list of circumstance, off-label use of medication, outset of a case, pandemic, patient care need, policy determination, practice requirement, provider, provider 's action, provider 's professional scope, provision of true emergency care, public health entity, rare type of immunity, request of healthcare facility, rule pre-dating, scene of an emergency, scope, scope of practice requirement, state law supplement, true emergency care, umbrella of immunity, unprecedented circumstance, wanton conduct

During the COVID-19 crisis, a number of state governments, including Kentucky’s, have taken steps to adopt new protections for the

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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

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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

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Kentucky’s Medical Review Panel Act and Unanswered Questions in the Wake of Its Demise

March 1, 2019May 13, 2019 Sarah Charles Wright attorney.2, claimant, claimant 's statute, claimant 's statute of limitation, Claycomb, commonwealth, constitutionality, constitutionality of the MRP Act.5 Ezra, court 's decision, emergency review, Ezra Claycomb, federal constitutional rights6, first.4, Franklin circuit court, health care provider, id, Kentucky, Kentucky 's medical review panel act, Kentucky 's physician shortage, Kentucky Bill, Kentucky medical review panel, Kentucky supreme court, limitation, medical negligence, medical negligence claim pend panel review, medical negligence suit, medical review panel, MRP, MRP act, MRP Act.5 Ezra, MRP process, negligence, negligence suit, opinion, opinion.3, panel, panel 's opinion.3, panel opinion, panel review, panel review process, panelist, proper court, proposed complaint, provider, review panel, review panel act, rights6, save statute, section 14, statute, statute of limitation, Tonya Claycomb, v., valid arbitration agreement, void, WL 5994975

Heralded by its proponents in Frankfort as the answer to Kentucky’s physician shortage (which was attributed to Kentucky being a

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Kentucky Declines to Adopt Negligent Credentialing

January 1, 2018March 23, 2018 Jamie Wilhite Dittert, ESQ 2016-SC-00181, analysis of the hospital 's behavior, applicable standard of care, bifurcation, bylaw, competent medical staff, contractor physician, court 's rationale, credentialing, credentialing claim, crux of a negligent credentialing claim, Cumberland regional hospital, employed physician, exist avenue, exist avenue of recovery, harm, hospital 's behavior, hospital claim, hospital negligence claim, independent contractor physician, Kentucky, Kentucky 's high court, Kentucky supreme court, Kentucky supreme court justice, Lexington Kentucky, Lexington Kentucky 's appellate court, LLC v., negligence, negligent credentialing, negligent credentialing claim, new cause of action, non-employee, omission of the hospital, opinion, physician, physician claim, plaintiff, privilege, standard of care, tort, unqualified physician, v., viable cause, viable cause of action

LEXINGTON Kentucky’s appellate courts have debated for years on whether Kentucky allows hospitals to be sued for “negligent credentialing.” Generally,

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McBrayer Adds Medical Malpractice and More

July 1, 2017 Elizabeth Bagby accountant, added practice service, Amber Knouff, attorney, business litigation, Calvin Fulkerson, Chad Thompson, client, face malpractice claim, firm, Fulkerson, Fulkerson group, Fulkerson law firm, healthcare, healthcare law, healthcare practice, healthcare provider, healthcare provider 's need, insurance, insurance defense, Jim Frazier, Kathryn Eckert, Kyle, Kyle virgin, legal malpractice defense, Lexington five, Lexington five attorney, liability, liability defense, Licensure, licensure defense, litigation, malpractice, malpractice defense, McBrayer, McBrayer 's new malpractice, McBrayer law firm, medical malpractice, medical malpractice defense, negligence, new practice area, newly-joined, practice area, practice service, product liability litigation, professional liability defense, professional licensure defense, professional malpractice, provider

LEXINGTON Five attorneys and two staff from the Fulkerson law firm have joined the McBrayer law firm in Lexington. Attorneys

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The State of Negligent Credentialing in Kentucky

May 1, 2016 Jamie Wilhite Dittert adoption of the tort, app, applicable standard, applicable standard of care, brown case, Brown v., cause of action, claimant, competent hospital, contradictory decision, credentialing, credentialing claim, defendant, doctor 's negligent act, effective privilege process, final Kentucky court opinion, healthcare, hospital 's negligence, hospital privilege, increased sense of accountability, judge, jurisdiction, Kentucky, Kentucky court, Kentucky court of appeal panel, Kentucky court opinion, Kentucky law, Kentucky supreme court, key feature of a negligent credentialing claim, Ky., Ky. app, LLC, negligence, negligent credentialing, negligent credentialing claim, new cause of action, omission of the hospital, opposite conclusion, panel, panel of the Kentucky court of appeal, patient expectation, physician, policy-based argument, question of negligent credentialing, renewed hospital privilege, Spalding, Spalding decision, Spalding v., state of negligent credentialing, tort, tort of negligent credentialing, Trover, two-to-one decision, v., viability of negligent credentialing, viable claim, view hospital

Recently, Kentucky courts have considered whether to recognize a new cause of action called “negligent credentialing.” Generally, a negligent credentialing

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