The Medical Review Panel Act, which was approved by Kentucky’s House and Senate Republicans in 2016, is causing serious delays with medical malpractice claims.
Under the law, individuals are required to submit their medical malpractice claims to a panel before filing a lawsuit. The panel consists of a nonvoting lawyer and three voting health care professionals. Unless they can give good reasons, doctors and other professionals are required to serve if asked and are paid $300 for their time and expertise. After reviewing the evidence, the panel must decide if the standard of care was neglected and led to injury. While this is not binding, it can be used in court.
Since the enaction of this law, there have been 531 claims assigned to the panel. 58 have been examined, 13 have been adjudicated, 18 are pending, and 27 have been withdrawn, settled, or dismissed. The remaining 89 percent have yet to be attended to.