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McBrayer Blogs

Showing 3 posts from 2021.

When DIY Goes Wrong: When NOT to Do Your Own Legal Work

There’s an old adage that the person who represents themself in court has a fool for a client. While we are not here to add any insult to the injuries suffered by legal DIYers, that particular line of reasoning may prove instructive in more areas than just court. Legal agreements and transactions may seem simple enough to handle on one’s own, but they can often get complex in a hurry. There’s never a wrong time to consult an attorney, and doing so at the beginning of a transaction can save a mountain of headache at later stages. More >

Peer Review Privilege in Kentucky: A Revolution in Public Policy

KRS 311.377 grants broad privilege protections to peer review proceedings and documentation.  As effective on July 14, 2018, this statute extends privilege and confidentiality protections to “the proceedings, records, opinions, conclusions, and recommendations of any committee, board, commission, medical staff, professional standards review organization, or other entity” engaged in performing a designated professional review function.  This grant of privilege was enacted, and is effective, in extending statutory protections for nearly all information arising from the retrospective review and evaluation of the competency of professional acts or conduct of healthcare personnel.  The 2018 amendments legislatively overrule a long history of Kentucky law that denied privilege protections to healthcare peer review proceedings.  More >

Three Types of Immunity You Can't Get from a Vaccine: Defining Governmental, Sovereign, and Qualified Immunity

There is more than one kind of immunity, but amidst all the coronavirus talk, it can be easy to forget that not all of them involve white blood cells and Vitamin C. The legal doctrines of qualified immunity, sovereign immunity, and its similar-but-slightly different successor governmental immunity are often misrepresented, misconstrued, and confused. The distinctions, however, are important to understand the many complex and controversial issues that find their way into public discourse. More >

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