859-254-9351
|
800-486-7083
Garmer & Prather, PLLC Attorneys At Law

Lexington Personal Injury Law Blog

Kentucky court rules medical review panels unconstitutional

On Nov. 15, 2018, the Supreme Court of Kentucky struck down the Medical Review Panel Act.

The Act, which was pushed into place through partisan support in the legislature at the urging of groups like the Kentucky Association of Health Care Facilities and the Kentucky Medical Association, required plaintiffs who wished to pursue a medical malpractice suit against a doctor, hospital, nursing home or other health care provider to submit the case to a panel for review.

Kentucky ends panel system for medical malpractice

On November 15, the Kentucky Supreme Court struck a blow on behalf of victims of medical malpractice across the Commonwealth. The Court struck down a much-decried law that forced potential litigants to go through a lengthy and cumbersome review system by finding the law violated the Kentucky Constitution.

Many malpractice and personal injury attorneys have been vocal against the 2017 law that set up the review panels for the very reason that the state's top court pointed out: It was a system that largely denied people free and equal access to the courts.

The rising numbers of fatal trucking accidents

No one wants to be involved in a truck accident, least of all a trucker. Unfortunately, industry demands and the pressure from employers to make deliveries on time -- despite all risks -- can push a truck driver to make poor decisions that put his or her life, and the lives of others, on the line.

According to data collected through 2016, the most recent year available for study, fatal accidents involving trucks are on the rise. While fatalities involving big rigs have yet to reach the level they were in 2005 (when they were at an all-time high), they're still 29 percent higher than they were in 2009. If the trend continues, the number of fatalities may eventually exceed those 2005 levels.

What's wrong with Kentucky's nursing homes?

The nursing homes in Kentucky have problems -- and advocates for residents say that no one in the government is doing anything to fix them.

Federal law is somewhat vague about the staffing requirements for nursing homes, leaving it mostly up to the states to pass legislation that is more specific. Kentucky, however, has not done so. Efforts to pass a 2017 bill that would have required a mandatory minimum staff fell flat. Those opposed -- who largely represent the nursing homes' interests -- said that Kentucky's nursing homes simply couldn't manage it. The bill would have required just a single nurse for every 21 patients during daylight hours and one nurse's aide for every 10 patients.

In the hospital? Take steps to protect yourself from mistakes

Hospitals are incredibly busy places, and mistakes happen all the time. Nurses, doctors and aides are often overloaded with too many patients to handle, so you simply can't assume that everyone who walks into your room understands your medical condition or why you are being treated.

You need to take steps to protect yourself from medical errors whenever you're in a hospital, whether you're there for surgery, testing, or some other condition.

The serious dangers posed by baby walkers

If pediatricians have their way, the baby walker will soon be a relic of the past.

Baby walkers have traditionally been seen as the perfect toy for a curious infant. Parents were able to let their infants explore a little, convinced they were both safe and picking up a little help learning to walk.

Tired truckers are a threat to Kentucky drivers

If you are a Kentucky driver, you understand there are various hazards and safety threats on the road that could lead to a higher chance of an accident. From distraction to speeding, the actions of other motorists could be a direct threat on your own personal safety and well-being. One of these potential threats is a fatigued truck driver.

Truckers play a crucial role in the American economy. They transport goods across the country and make sure products get to where they need to go, but they also have the responsibility to drive safely and adhere to industry regulations. There are strict rules in place regarding how long a person can drive a truck. While many truckers and trucking companies play by the rules, some of them deliberately ignore the rules.

Kentucky's medical malpractice panel system already seems broken

In Kentucky, a law that requires every medical malpractice case to go through a review panel to determine if it has enough merit to proceed has been in effect for just a year -- and it already seems broken.

It's also facing lawsuits that challenge its validity under the Kentucky Constitution. The law drastically slows down the process for plaintiffs who are seeking to obtain a measure of justice through a medical malpractice case -- and that would seem to fly in the face of the constitution, which says that everyone has the right to their day in court without delay.

What can you expect after spinal cord injury?

Spinal cord injuries are among the most traumatic events that can happen to a person's body. They create ongoing complications that go far beyond even the physical devastation of the initial injury.

While anyone can appreciate the enormous consequences of a spinal cord injury on someone's life, most people aren't aware of the additional health problems that are common when someone is immobile.

What are the danger signs when you're on the road with a truck?

It isn't hard to understand why the drivers of passenger cars get nervous when they're sharing the road with a big rig. The size and weight of a commercial vehicle pretty much guarantee that any accident, if it happens, will be a bad one.

Learn more about some of the top problems that lead to many truck accidents and become more conscious of your role in highway safety.

Our Lawyers

Contact our Firm

Email Us For A Response

Over 50
Years Of
Combined
Experience

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • Super Lawyers
  • American College Of Trial Lawyers
  • Best Lawyers | Linking Lawyers And Clients Worldwide
  • Best Lawyers | US News 2014
  • Best Lawyers | US News 2017
  • Best Lawyers | US News 2018
  • AV-Preeminent | Martindale Hubbell | Lawyer Ratings
  • Kentucky Justice Association
  • American Association For Justice | Member Leaders Forum
  • American Bar Association
  • Kentucky Bar Association 1871
  • Fayette Country Bar Association
  • Bill Garmer's Best Lawyers in America 2017
  • APITL AMERICA

Garmer & Prather has been named a Tier 1 firm in Lexington, Kentucky for Personal Injury Litigation-Plaintiffs
by U.S. News - Best Lawyers® “Best Law Firm� in 2017.