FRANKFORT, Ky. (Nov. 8, 2017) – The Kentucky Court of Appeals ruled in favor of the Bevin Administration on Thursday by granting a stay of the Franklin Circuit Court’s Oct. 30 ruling in the medical review panels case.
The Circuit Court’s opinion ruled that the new medical review panel law was unconstitutional.
As a result of today’s decision, 89 current cases will proceed, and all prospective malpractice cases will be required to proceed through the medical review panel process before being filed in court.
“We are encouraged by the Court of Appeals ruling and ready to resume the administration of Medical Review Panel cases just as they were being handled before Oct. 30,” said Woody Maglinger, press secretary for Gov. Matt Bevin.
Senate Bill 4, enacted by the 2017 General Assembly and signed into law by Gov. Bevin, requires peer review of medical malpractice complaints by medical review panels before medical malpractice cases can go to court. A complaint can bypass the panel and go directly to court only by agreement of all parties.
This new tort reform measure is aimed at cutting down on frivolous malpractice claims against medical professionals.
The Court of Appeals stay will remain in effect until further ruling.
A copy of today’s ruling can be accessed here.