tort – MD Update

Kentucky Tort Reform Update: The Certificate of Merit Act

October 1, 2019October 28, 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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Tort Reform and Administrative Simplification Remain KMA Priorities

March 1, 2018May 8, 2018 Emily Schott administrative burden, administrative improvement, administrative simplification, advocacy, advocacy effort, advocacy priority, assembly 's emphasis, association 's main objective, barrier, Bill 4, Bill 69, brought dozen, brought dozen of physician, burnout, charged topic, consistent legal climate, drug abuse, efficient health care, Frankfort, good care, great patient safety, health of Kentuckian, healthcare, healthcare discussion, high smoke rate, image001 Emily Schott, image001 Emily Schott serve, impact of the physician presence, initiative, introduction of Senate, Kentuckian, Kentucky, Kentucky general assembly 's emphasis, Kentucky medical association, Kentucky physician, KMA, KMA priority, launch of a new initiative, legislative session, liability system, meaningful exchange, meaningful exchange of dialogue, medical review panel, medicine, new initiative, obesity, opioid abuse epidemic, physician, physician 's day, physician presence, practice efficiency, practice of medicine, practice staff, priority, priority bill, provider, public health challenge, quality control mechanism, resource perform nonclinical activity, Senate Bill 79, session, state 's legal liability system, suggest improvement, timely care, tort, tort reform central, trusted resource, unlimited risk, unnecessary barrier, well-known provider shortage

LOUISVILLE Despite the Kentucky General Assembly’s emphasis on politically charged topics such as the budget and pension reform, it is

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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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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.

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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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