Appeals court allows medical review panels to continue

11/09/2017 05:37 PM

A controversial law allowing medical review panels in Kentucky is being allowed to move forward, despite the law being struck down as unconstitutional last week.

The Kentucky Court of Appeals granted a stay of Franklin Circuit Judge Phillip Shepherd ruling last week, which called the law unconstitutional and adding it presents “an expensive and unnecessary obstacle” for those seeking relief in medical malpractice lawsuits.

Eighty-nine 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, according to the Bevin administration that sent out a news release late Thursday on the stay of the Franklin Circuit Court ruling. The court ruling essentially allows the tort reform measure to continue while the appeal is being litigated.

“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.

Download the motion to stay here: 2017-CA-001770 OMERG.pdf


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