Ky. Supreme Court Strikes Down Med Mal Review Panels

Law360 (November 16, 2018, 8:24 PM EST) -- In a blow to Kentucky’s tort reform efforts, the state’s highest court has ruled that a 2017 state law requiring medical malpractice claims to be first reviewed by expert advisory panels is unconstitutional because it delays a citizen’s access to the courts.

In a unanimous ruling Thursday, the Kentucky Supreme Court affirmed a trial judge’s decision to strike down as unconstitutional the state’s Medical Review Panel Act, a tort reform measure enacted in 2017 and designed to weed out frivolous medical malpractice cases and prevent litigation-weary doctors from leaving the state. The justices said the “mandatory delay” created by the MRPA...

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