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Showing 3 posts by Kathryn A. Eckert.
ALERT: Medical Review Panel Act Dead; No Rehearing in Claycomb v. Commonwealth
Yesterday the Kentucky Supreme Court DENIED the petition for rehearing in the Medical Review Panel Act case, Claycomb v. Commonwealth. This means several things moving forward: More >
Kentucky Supreme Court Addresses Negligent Credentialing
2017 has been a banner year for developments in healthcare litigation in Kentucky. While the focus has largely been on medical review panels, another issue of importance has been that of negligent credentialing claims brought against hospitals. Nationwide, states have been split on whether this cause of action is recognized. Lost in the recent rulings regarding medical review panels was the Kentucky Supreme Court’s quiet release of its opinion on November 2, 2017 striking down negligent credentialing as a separate and new cause of action against hospitals. This opinion provides clarity for hospitals facing claims of negligence related to physicians with staff privileges at their facilities and also provides guidance for counsel to properly defend cases with credentialing allegations. More >
EHR-Related Claims on the Rise for Healthcare Providers
Since the federal mandate requiring healthcare providers to implement electronic health records went into effect, medical malpractice claims involving their use are on the rise. These claims involve allegations that use of electronic health records (“EHR”) is contributing to patient injury. Earlier this week, The Doctor’s Company (“TDC”) released a study examining factors surrounding the rise of these claims. More >