Kentucky Injury Law News

Kentucky ends panel system for medical malpractice

November 20, 2018 | by Garmer & Prather, PLLC

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.

That was precisely the intention of the law in the first place. The Kentucky Medical Association was one of the chief proponents of the 2017 law — which was put in place supposedly to stem the tide of “excessive” malpractice claims. Nursing homes, hospitals and physicians largely supported the law because it made actually filing a claim for malpractice a feat of endurance for any claimant.

The rising numbers of fatal trucking accidents

November 6, 2018 | by Garmer & Prather, PLLC

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.

Causes

What’s wrong with Kentucky’s nursing homes?

October 23, 2018 | by Garmer & Prather, PLLC

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 essence, the lack of legislation leaves Kentucky’s nursing homes able to set their own minimum staffing levels — and they prefer it that way. According to a rating system used by the United States Centers for Medicare and Medicaid Services, 43 percent of the state’s nursing homes were rated either “much below” or “below” average when it came to the type of care they provide their residents. That puts Kentucky toward the bottom of the national list.

In the hospital? Take steps to protect yourself from mistakes

October 10, 2018 | by Garmer & Prather, PLLC

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.

1. Bring someone with you.

The serious dangers posed by baby walkers

September 26, 2018 | by Garmer & Prather, PLLC

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.

In reality, baby walkers are incredibly dangerous for infants. In addition, they may even contribute to developmental delays — rather than promoting coordination and walking. If pediatricians have their way, baby walkers will soon be thing of the past. They’re already strongly urging parents to get rid of any walkers that they currently have.

Tired truckers are a threat to Kentucky drivers

September 21, 2018 | by Garmer & Prather, PLLC

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.

How serious is the problem?

Kentucky’s medical malpractice panel system already seems broken

September 12, 2018 | by Garmer & Prather, PLLC

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.

Those who back the law say that the panel system is needed to prevent injured patients from filing supposedly “frivolous” lawsuits, even though there is no evidence that frivolous suits are being filed in Kentucky. They say that putting every case through a panel of medical professionals would help make sure that only cases with merit make it to court, although there are already numerous existing protections to ensure that truly meritless cases are not filed or do not go to trial if they are. After all, the whole point of the court system is the help resolve disputes where the parties don’t agree.

What can you expect after spinal cord injury?

August 28, 2018 | by Garmer & Prather, PLLC

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.

Immediately after a spinal cord injury, medical care tends to be focused on trying to get the patient into a stable condition. Occasionally, surgery to try to lessen the patient’s injury or reduce pressure on a nerve bundle is warranted early on in a case. Most of the ongoing medical care, however, tends to focus on rehabilitation and adaptive medicine.

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

August 22, 2018 | by Garmer & Prather, PLLC

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.

1. Maintenance issues

Lawsuit questions the constitutionality of medical review panels

August 10, 2018 | by Garmer & Prather, PLLC

Kentuckians with medical malpractice claims have been fighting an uphill battle since the rollout of a new law aimed to protect physicians.

In 2016, Kentucky passed a law that sought to reduce the number of frivolous lawsuits against medical providers. The impetus of the Medical Review Panel (MRP) Act was the rising cost of medical malpractice insurance for providers. To cut down on the number of lawsuits, patients pursuing a medical malpractice case would first have their case screened by a panel of experts. The panel would then advise the patient, who would be able to move forward regardless of the panel’s advice.

According to the Courier Journal, the panels have seen significant delays.