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KY Court of Appeals rules Medical Review Panels can proceed; stay in effect until further ruling

The Commonwealth of Kentucky Court of Appeals today ruled in favor of the Bevin Administration by granting a stay of the Franklin Circuit Court’s Oct. 30 ruling in the Medical Review Panels case.

The Circuit Court’s opinion ruled that the new Medical Review Panel law was unconstitutional.

Judge Acree

As a result of today’s decision, 89 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.

The Circuit Court’s decision was set aside in the ruling signed by Appeals Court Judge Glenn Acree,

“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.

Senate Bill 4, enacted by the 2017 General Assembly and signed into law by Gov. Bevin, requires peer review of medical malpractice complaints by Medical Review Panels before medical malpractice cases can go to court. A complaint can bypass the panel and go directly to court only by agreement of all parties.

This new tort reform measure is aimed at cutting down on frivolous malpractice claims against medical professionals in the Commonwealth.

The Court of Appeals stay will remain in effect until further ruling.

A copy of the ruling can be accessed here.

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