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 cause them substantial harm, by requiring that their Kentucky medical malpractice claims must first be presented to and decided by a four-person medical review panel consisting of three medical providers, who would be paid only $350 for their time serving on the panel, and a non-voting lawyer, who would be paid $250 per day up to a maximum of $2,000, before the Kentucky medical malpractice victims would be allowed to file their Kentucky medical malpractice claims in court.
Prior efforts at passing this medical malpractice reform in Kentucky by Republicans who control the Kentucky Senate were thwarted by the Democratic-controlled House that fought to protect the rights of medical malpractice victims in Kentucky. That has changed now that the Kentucky House is controlled by Republicans.
Kentucky Senate Bill 4
Kentucky Senate Bill 4, which was introduced by a Republican Senator who is also a doctor, would require that Kentucky medical malpractice victims first submit their medical malpractice claims to the Kentucky Cabinet for Health and Family Services, which would help convene the medical review panel.
The assigned medical review panel would be required to issue its opinion within six months, deciding whether the medical provider was negligent (i.e., had breached the standard of care) and if so, whether the patient was substantially harmed as a result. The medical review panel’s decision would be admissible in any future Kentucky medical malpractice lawsuit filed in court. The party winning before the panel would be responsible to compensate the panel.
Background Of The Senator Who Introduced Senate Bill 4 (From The Senator’s Website)
Ralph Alvarado has been a doctor in Winchester since 1998 and was President of Winchester Medical Associates until June 2013. Due to decreasing reimbursements and increasing regulations, he made the decision … to close his practice. He is now a physician with KentuckyOne Medical Group and also serves in a leadership capacity as a Regional Medical Director, Board Member, and Chairman of the Finance Committee for KentuckyOne Medical Group. In the past, Ralph has served as Chief of Staff at St. Joseph’ East Hospital for two years and was also President of Medical Staff for St. Joseph’s Hospital and St. Joseph’s East Hospital in Lexington … Alvarado is a member of the American College of Physicians, American Academy of Pediatrics, American Medical Association and Clark County Medical Society, and a member and an alternate delegate for the Kentucky Medical Association.
If you or a loved one suffered injuries (or worse) as a result of medical malpractice in Kentucky or in another U.S. state, you should promptly seek the legal advice of a medical malpractice lawyer in Kentucky or in your state who may investigate your medical negligence claim for you and represent you in a medical malpractice case, if appropriate.
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