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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 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[...]

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

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

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