The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”), in its unpublished opinion dated October 4, 2019, held that the Kentucky medical malpractice plaintiffs had raised genuine issues of material fact as to whether the defendants breached the standard… Read More
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Kentucky Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case
In an unpublished opinion rendered on March 29, 2019, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that the Kentucky medical malpractice plaintiff had “failed to present any affirmative evidence that [the defendant hospital] breached the standard… Read More
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Kentucky Supreme Court Rules Medical Review Panel Act Unconstitutional
In its opinion filed on November 15, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the Kentucky Medical Review Panel Act that was enacted in 2017 “delays access to the courts of the Commonwealth for the adjudication… Read More
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Kentucky Appellate Court Orders New Medical Malpractice Trial Where Judge Failed To Strike Juror For Cause
The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its decision rendered on May 4, 2018 that the Kentucky medical malpractice plaintiff was entitled to a new trial, stating: “We find that the trial court abused its… Read More
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Kentucky Appellate Court Reverses Medical Malpractice Defense Verdict Where Critical Medical Record Not Produced Until Shortly Before Trial
The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its opinion filed on January 5, 2018 that the trial judge had abused his discretion in dealing with the defense’s late production of relevant medical records and in… Read More
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Kentucky Medical Malpractice Claim Against Plastic Surgeon For 5 Left-Behind Sponges
A medical malpractice case was filed on June 23, 2014 against a Kentucky plastic surgeon and other health care providers by a woman who claimed that her plastic surgeon unintentionally left five sponges in her thigh following surgery on July 8,… Read More
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Kentucky Hospital Settles Unnecessary Stent Claims
The U.S. Attorney’s Office for the Eastern District of Kentucky announced on January 28, 2014 that a Kentucky hospital has agreed to pay the United States $16.5 million to resolve civil claims that it submitted fraudulent claims to Medicare and to Kentucky… Read More
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Kentucky Hospital Agrees To Pay $2,833,408.60 To Settle False Claims Allegations
On July 1, 2013, the United States Attorney for the Western District of Kentucky and the Office of Inspector General of the U.S. Department of Health and Human Services announced that University Medical Center (University of Louisville Hospital) has voluntarily entered… Read More
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Kentucky Children’s Hospital Continues To Refuse To Provide Data On Pediatric Heart Surgery Deaths
What’s going on with the Kentucky Children’s Hospital? It continues to refuse to provide data regarding pediatric heart surgery deaths despite the March 27, 2013 Open Records Decision of the Kentucky Attorney General that found that the University of Kentucky violated the… Read More