Kentucky Medical Malpractice Archives - Page 4 of 6

Federal Appellate Court Affirms Kentucky Wrongful Death Claimants Not Bound By Nursing Home Arbitration Agreement

February 26, 2016

In its decision filed on January 15, 2016, the United States Court of Appeals For The Sixth Circuit (“Appellate Court”) affirmed that the wrongful death beneficiaries who filed a nursing home wrongful death claim in Kentucky were not bound by the nursing home arbitration agreement signed[...]

Kentucky Settles Two Pharmaceutical Cases For $39.5M

January 7, 2016

The Attorney General of Kentucky announced on December 23, 2015 that Kentucky had settled two pharmaceutical cases on December 22, 2015 that it had brought against Purdue Pharma regarding its opiod prescription medication, OxyContin, and against Janssen Pharmaceuticals, a subsidiary of Johnson &am[...]

Kentucky Supreme Court Denies Enforcement Of Pre-Dispute Arbitration Agreements In Three Nursing Home Cases

October 7, 2015

In its opinion filed on September 24, 2015 in three consolidated cases involving the alleged wrongful death of three nursing home residents due to nursing home negligence, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that in two of the cases, the authority to enter in[...]

Kentucky Supreme Court Addresses Statute Of Limitations For Nursing Home Claims

September 21, 2015

In its opinion released on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed the various statute of limitations periods applicable to various claims arising out of nursing home care. In particular, the Kentucky Supreme Court analyzed the statute of limi[...]

Kentucky Appellate Court Applies Res Ipsa Loquitor In Medical Malpractice Case

August 28, 2015

In a decision by the Commonwealth of Kentucky Court of Appeals (“Appellate Court”) issued on August 14, 2015 in a medical malpractice case filed by a prison inmate against the medical services providers at the detention center in which he was incarcerated, the Appellate Court held, ̶[...]

Kentucky Supreme Court Addresses Informed Consent In Medical Malpractice Cases

August 25, 2015

In its opinion filed on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed whether the informed consent instruction given by the trial court in a Kentucky medical malpractice case correctly incorporated the applicable law so as to guide the jury accuratel[...]

Kentucky Supreme Court Discusses Ex Parte Communications In Medical Malpractice Cases

August 2, 2015

The issue that the Supreme Court of Kentucky (“Kentucky Supreme Court”) had to decide in a case it decided on July 2, 2015 was whether litigants in Kentucky may, and under what conditions, engage in ex parte interviews with treating physicians in Kentucky medical malpractice cases. The[...]

$18.27M Kentucky Birth Injury Verdict Settled For $17.5M

February 13, 2015

On February 3, 2015, a Kentucky hospital agreed to settle a birth injury medical malpractice case for $17.5 million. In November 2014, a Kentucky medical malpractice jury had awarded the child and his mother $18.27 million for the serious and permanent brain injury suffered by the child during deli[...]

Kentucky Senate Republicans Push For Medical Review Panels

February 9, 2015

Late last week, the Republican-controlled Kentucky Senate passed a medical malpractice reform bill that would add an additional layer and burden to those seeking justice for medical malpractice committed in Kentucky. In what the foes of the Kentucky medical malpractice reform effort call unnecess[...]

Kentucky Cancer Clinic Allegedly Overtreated Patients To Increase Profits

January 15, 2015

Two physicians associated with a Kentucky cancer clinic agreed in June 2014 to pay $3.7 million to federal and state authorities to resolve health care fraud claims. Now, former patients are left to wonder if they received unnecessary procedures or had unnecessarily extended cancer treatments in ord[...]

Defendant Physician’s Medical License Problems Held Irrelevant In Kentucky Medical Malpractice Case

December 25, 2014

In its decision issued on December 19, 2014, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the defendant physician’s medical license problems were not admissible in the case it was deciding because evidence of collateral misconduct to show a person’s pro[...]

Kentucky Medical Malpractice Case Alleging False HIV Test Result Was Filed Too Late

September 21, 2014

A Circuit Court judge in Kentucky has entered summary judgment against a man with regard to his Kentucky medical malpractice lawsuit filed against the University of Kentucky Medical Center that alleged that the plaintiff was falsely told in 2004 that he was HIV positive. The Kentucky medical malp[...]

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Category: Kentucky Medical Malpractice