A November ruling by the Kentucky Supreme Court brought good news for those who have been injured due to medical malpractice in Kentucky.
A 2017 law required people first to submit their medical malpractice claims to a review panel before filing a lawsuit. This requirement resulted in a significant backlog of claims before the panel, delaying plaintiffs from seeking relief through the court system. The November ruling struck down the law.
In an opinion written by Chief Justice John Minton, Kentucky’s highest court found the 2017 law unconstitutional because it obstructed access to the courts.
The Kentucky Constitution states, “All courts shall be open and every person for an injury done to him…shall have remedy by due course of law and right and justice administered without sale, denial or delay.”
As a result of the ruling, plaintiffs will once again be able to freely file medical malpractice lawsuits without the additional step of submitting them for review to a panel. Those who had claims pending before the review panel will immediately be able to file them in circuit courts.
A barrier removed
Medical negligence victims and their family members often face an urgent need for financial resources as a result of lost wages, disability and other hardships. This ruling removes a large barrier between those seeking justice and the Kentucky court system where medical malpractice claims are decided.
If you or someone close to you has been injured due to the negligence of a medical professional, talk to an experienced medical malpractice attorney to learn how to proceed in the wake of this decisive ruling.
