Medical Review Panels in Kentucky: Are They Required?

Many states require that patients with medical malpractice claims submit those claims to a medical review panel before they can move forward with a lawsuit. However, Kentucky does not currently require that claims go before a medical review panel before a lawsuit can proceed. If you’ve heard differently, you’re not alone—while Kentucky did briefly adopt a similar system, it was ultimately struck down. Incorrect information continues to float around the Internet, confusing those looking for help after a medical malpractice injury.

If you’re considering a medical malpractice claim, it’s crucial to understand the process you’ll need to go through and what challenges you may face in Kentucky. That’s where we step in to help. Contact Crandall & Pera Law, LLC to schedule a consultation right away.

What is a medical review panel?

A medical review panel is a group of physicians that evaluates medical malpractice claims before they go to trial by determining if there’s enough evidence to suggest that a provider breached the standard of care. Panels may also include legal representatives or administrative officials with oversight of healthcare facilities, although some states limit boards to physicians only.

The goal of a medical review panel is to look at the available evidence and determine if there’s reason to believe that medical negligence occurred. They don’t determine the final outcome of a case—they just give the evidence an initial review to decide if the provider in question met the accepted standard of care for their specialty. Their opinion may come up in your case, but it alone does not determine liability.

People on both sides have strong opinions about medical review panels. Some believe that they can resolve disputes early and prevent frivolous lawsuits. Critics of review panels think that they create an unnecessary burden and extra barrier for injured patients who are just trying to recover their losses.

Why do some states require medical review panels?

Many states require that claims go through a medical review panel before a plaintiff can file a lawsuit. This requirement is often a part of larger medical malpractice reform efforts. Legislators are regularly trying to balance the right of injured victims to seek compensation when they are harmed by medical malpractice and the region’s need for medical providers who are not driven away by exorbitant malpractice insurance expenses.

Those who support medical review panels often believe that they serve several important purposes. First, they may filter out claims that lack supporting evidence or indicate malpractice, which is fairly common given the highly technical nature of medical malpractice. They may also encourage providers to settle early and minimize stress for the plaintiff if they find that providers did not meet the standard of care.

Kentucky’s medical review panel law and the challenges it faced

In 2017, Kentucky passed a law that created a mandatory medical review panel for medical malpractice claims. This law required most medical malpractice claims to go before a panel before they could go any further.

The panel would review the evidence provided to them and then draft an opinion about the validity of the claim and whether or not the healthcare provider met the standard of care. The goal was the same as it is in other states: to review claims early to prevent weak lawsuits from proceeding and resolve disputes before they proceeded to litigation.

The law was quickly challenged by patients and attorneys, and as a result, the case ultimately went before the Kentucky Supreme Court. In 2018, just one year after the bill was passed, the Kentucky Supreme Court struck down key parts of the act, largely invalidating the entire bill. They claimed the law was unconstitutional, due to parts of the Kentucky Constitution that guarantee citizens the right to pursue legal remedies for injuries. They concluded that requiring a case to go before a review panel would create an unconstitutional delay in accessing the legal system.

Patients and medical malpractice attorneys largely supported ending the medical review panel requirement, while the Kentucky Medical Association advocated to keep the review panel requirement in place.

Are medical review panels currently required in Kentucky?

Now, nearly a decade after the medical review panel law was declared unconstitutional by the Kentucky Supreme Court, Kentucky continues not to have any medical review panel requirement for medical malpractice cases.

This means that patients who believe they have suffered injuries due to medical malpractice have the right to file a lawsuit without having to go before a medical review panel.

As of now, Kentucky does not have an active medical review panel requirement, and any future legislation would need to address the constitutional issues identified by the Kentucky Supreme Court. Furthermore, any new law that legislators may draft would have to address the constitutional issues created by the 2017 law.

Why does confusion about medical review panels still exist?

When you look online for information on Kentucky’s medical malpractice claim process, you may find sites claiming that Kentucky does require a medical review panel assessment prior to a lawsuit. This is largely due to the fact that the law received substantial attention when it first passed. And even though the law was struck down very quickly, many websites still have not updated their resources to indicate that Kentucky no longer requires a medical review panel for a case.

Additionally, many states require medical review panels. This fact can get tangled up in discussions on Kentucky medical malpractice law, leaving people with the impression that Kentucky operates in the same way many other states do.

Injured by a negligent provider? Choose Crandall & Pera Law, LLC

If you’ve been injured by a medical provider who failed to meet the standard of care in their field, you don’t have to seek justice alone. We’re here to help you fight for the compensation you are owed. Reach out online to schedule a consultation now.