Every state sets its own laws regarding medical malpractice cases. These laws include things like a statute of limitations on when a suit can be filed and even caps on the amount of damages a victim can receive from a jury award. Some states have passed laws to require plaintiffs jump through a few hoops before being able to file a malpractice lawsuit. In Kentucky this includes a review panel, but in its first year the law has proven to be good not at preventing lawsuits but at causing a major backlog.
Medical Review Panel Act
In 2016 the legislature in Kentucky passed the law that requires victims of medical negligence to go through a review process before being able to file and move forward with a malpractice lawsuit. The law was backed by state republicans and was lauded as a way to reform malpractice law, prevent frivolous lawsuits, and keep the costs of doctor liability insurance down.
Victims must have their cases reviewed by a panel of healthcare professionals, supposedly unbiased, before they can go ahead with a lawsuit. The law was instigated by state republicans after a 2013 study found that Kentucky had too few doctors. The study recommended that lowering the costs of liability insurance for doctors.
Review Panel Results in Backup of Cases
One year after the Medical Review Panel Act went into effect the result seems to be that cases aren’t going through very quickly. Of 531 claims made in the state during this period, only eleven percent has actually been assigned to a review panel. Only three percent of the claims have received findings from a review panel. Five percent of the claims were either settled or withdrawn.
The department that runs the review panel program states that it is working. A spokesperson has claimed that there are many more cases, hundreds even, that are going through the process of review. There are many critics, including physicians and lawyers advocating for patient. They believe the system is not effective and that it is essentially denying people justice by delaying it so long.
Law May be Overturned
A woman who wanted to sue over her son’s severe brain damage caused during childbirth refused the review panel and instead decided to sue the state over the Medical Review Panel Act. In the first round of her fight to have the law declared unconstitutional she was successful. Circuit Judge Philip Shepherd tossed out the law, citing 13 different counts. The Kentucky Supreme Court now must rule on the law and determine whether or not it is constitutional.
While the law allows victims to go ahead and sue even if the panel finds against them, the law is still considered by many to be unconstitutional. It forces delays of nine months or more and incurs more costs for the victims who may already be struggling financially because of negligent medical practices. Other experts say the law violates the state’s constitution which bans special legislation. The law could be seen as special because it favors medial doctors.
It still remains to be seen if the law will be overturned, but so far most people are unimpressed with the effectiveness and efficiency of the review panels. If you have been a victim of medical negligence find a good, experienced malpractice lawyer in your state. State laws governing these cases can be complicated and don’t always favor patients and victims. You need an expert on your side to get the justice you deserve.