Kentucky Medical Malpractice Archives - Page 3 of 6

On Remand From U.S. Supreme Court, Kentucky Supreme Court Upholds Its Ruling In Nursing Home Arbitration Case

November 7, 2017

On November 2, 2017, the Supreme Court of Kentucky (“Kentucky Supreme Court”), in a 4-to-3 decision, upheld its previous decision in a nursing home arbitration case that had been appealed to and decided by the U.S. Supreme Court, which remanded the case to the Kentucky Supreme Court to r[...]

Kentucky Appellate Court Says Patient’s Fall From Hospital Bed Is A Medical Malpractice Claim

November 5, 2017

In its opinion rendered on October 13, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) had to decide if the res ipsa loquitor doctrine applied, which would eliminate the need for an expert witness, in a case filed by the wife of a hospital patient in whic[...]

Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim

October 12, 2017

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) rendered its opinion on September 22, 2017 in a Kentucky nursing home wrongful death claim in which the defendant nursing home sought to compel arbitration pursuant to the arbitration agreement that the nursing ho[...]

Kentucky Appellate Court Addresses Medical Malpractice Empty-Chair Defense, Reverses Defense Verdict

August 16, 2017

The so-called empty-chair defense is a trial tactic in a multiparty case whereby one defendant attempts to put all the fault on a defendant who plea-bargained or settled before trial or on a person who was neither charged nor named as a party. In its published opinion rendered on July 28, 2017, th[...]

Kentucky Appellate Court Applies Common Knowledge Exception To Expert Testimony In Stroke Misdiagnosis Medical Malpractice Case

August 4, 2017

NOTE: THE FOLLOWING KENTUCKY COURT OF APPEALS CASE WAS REVERSED BY THE KENTUCKY SUPREME COURT ON AUGUST 29, 2019 In its unpublished opinion filed on July 21, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that given the ubiquity of information regar[...]

U.S. Supreme Court Reverses Kentucky Supreme Court Decision Regarding Nursing Home Arbitration Agreements

May 17, 2017

The U.S. Supreme Court issued its decision on May 15, 2017 that reversed the Kentucky Supreme Court’s holding in two nursing home arbitration agreement cases that declined to give effect to the two arbitration agreements executed by individuals holding powers of attorney. The Kentucky Supreme [...]

Kentucky Appellate Court Affirms Dismissal Of Medical Malpractice Case That Named Wrong Defendant

April 4, 2017

In its unpublished opinion rendered on March 3, 2017, the Commonwealth of Kentucky Court of Appeals (“Appellate Court”) affirmed the dismissal of the plaintiff’s medical malpractice case, finding that the plaintiff could not meet the requirement of mistaken identity of the proper[...]

Kentucky Republican Senate Members Try Again To Harm Medical Malpractice Victims

January 13, 2017

The Republican-controlled Kentucky Senate has repeatedly tried to introduce and pass legislation that would require Kentucky medical malpractice victims to suffer additional costs and delays in obtaining just compensation for their injuries from medical providers who breach the standard of care and [...]

Kentucky Jury Awards $21.2M For Unnecessary Cardiac Procedure

August 21, 2016

A Kentucky medical malpractice jury awarded a local man $21.25 million in compensatory and punitive damages on August 10, 2016 against a local hospital and its owner for allegedly allowing an unnecessary cardiac procedure to be performed on him. The jury found that the defendant hospital and its p[...]

Kentucky Nursing Home Lawsuit Alleges Resident’s Death After Elopement

July 4, 2016

A Kentucky nursing home neglect case was filed on May 31, 2016 by the executor of the estate of a 95-year-old resident of the defendant nursing home who eloped from the nursing home on January 16, 2016, when the temperature outside had reached 6 degrees above zero, and froze to death on the front la[...]

$2.2M Kentucky Medical Malpractice Verdict For Unnecessary Cardiac Procedure

June 12, 2016

On May 24, 2016, a Kentucky medical malpractice jury returned its verdict in favor of the plaintiffs, who are husband and wife, for the husband’s unnecessary cardiac procedure performed in preparation for knee replacement surgery that led to the husband’s loss of his leg below the knee. [...]

Kentucky Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case

May 10, 2016

In its opinion filed on May 5, 2016, the Supreme Court of Kentucky (“Kentucky Supreme Court”) affirmed the $1.45 million punitive damages award against the defendant hospital in a Kentucky medical malpractice case, finding that the hospital’s offensive conduct exhibited a gross in[...]

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Category: Kentucky Medical Malpractice