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McBrayer Blogs

Showing 4 posts from 2018.

Trends in Malpractice Litigation

For providers who are trying to forecast the future of the medical malpractice landscape, the outlook is hazy. On one hand, Kentucky recently implemented medical review panels, which may ultimately impact the number of malpractice claims that reach the settlement or trial phase. On the other hand, malpractice payouts are again on the rise; reliance on new technology has the potential to push malpractice rates; and the medical review panels mentioned at the outset of this article continue to face legal obstacles moving forward. More >

Court of Appeals Highlights the Impact of Overstreet v. Kindred on Kentucky’s Residents Rights Act

In Overstreet v. Kindred Nursing Centers Limited Partnership, 479 S.W.3d 69 (2015), the Kentucky Supreme Court set out to clear up some confusion regarding Kentucky’s Residents Rights Act, KRS 216.515.  That statute provides a list of specifically enumerated rights to residents of long-term care facilities, as well as the ability to sue for an infringement of those rights.  However, until Overstreet, the question of who may assert those rights—and when they may be asserted—had not been definitively addressed by the Commonwealth’s highest Court.  In Overstreet, the Supreme Court provided clarity on each of these issues, holding that certain KRS 216.515 claims fail to create any new theory of liability, and are instead simple codifications of personal injury claims over which a one-year statute of limitations applies.  Meanwhile, other claims brought under KRS 216.515 were ruled to create new, statutory-driven causes of action over which a five-year statute of limitations is applicable.  More >

With Great Power, Comes Great Liability?

As medical advancements and patients in need of medical care continue to increase, the role of mid-level practitioners becomes even more crucial.  While there have been many turns of phrase for these medical professionals, the term “mid-level practitioner” is meant to encompass those non-physician providers, which include advanced practice nurses and physician assistants, among others. In Kentucky, there has been a shortage of primary care providers, which is particularly problematic in the state’s many rural areas.  This in turn has led to the push for more autonomy to these integral medical providers. While there are many reasons why this development is an improvement for patients and providers alike, this also leads to more liability exposure.  More >

Pre-Trial Challenges to Experts in Professional Liability Cases: Sometimes the Best Strategy is Not to Play

We’ve all been there. An opposing expert lacks the proper credentials, utilized shoddy techniques in forming the opinion and/or provides irrelevant opinion testimony and you feel compelled to file a Daubert challenge.  After all, Plaintiff’s case will fall apart if you are successful in excluding the expert.  More >

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