TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, March 5, 2018

KY: Med Mal Reform Bill Passes Senate

The Kentucky Senate passed a comprehensive med mal reform bill on Thursday, and now it heads to the state House.  The bill would do a number of things:

Among its many provisions, Senate Bill 20 would require medical malpractice lawsuits to contain an affidavit of merit. That’s a document stating that at least one doctor agrees the claim has merit.

A medical review panel opinion in favor of a patient would fulfill the affidavit of merit requirement. Senate Bill 4 from 2017 created panels of experts to review claims of medical error or neglect. If the medical review panel finds in favor of the medical provider, however, the patient would still have to get an affidavit of merit to advance to court.

A second provision would impose contingency caps on attorney fees in medical malpractice cases. An amendment would set those caps at no more than 33 percent of any awarded damages.

A third provision is known as the “I’m sorry” clause. It would allow health care workers to express condolences or apologies to patients or families without fear of having those words used against them in a lawsuit.

A fourth would regulate fees for copying medical records. An amendment included an exemption from medical record copying fees for pro bono and Social Security disability cases.

The Ohio County Monitor has the story.

http://lawprofessors.typepad.com/tortsprof/2018/03/ky-med-mal-reform-bill-passes-senate.html

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