Showing 5 posts in Medical Malpractice.
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 >
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 >
Much has been made of the efforts to increase the quality of patient safety and healthcare in recent years. To further this goal, Congress passed the Patient Safety and Quality Improvement Act of 2005 (“PSA”), which provides the protection of privilege to documents created as part of patient safety efforts in patient safety organizations. These organizations are defined as private, certified organizations that operate within larger healthcare organizations to improve care and reduce medical errors. The purpose behind this protection is to encourage healthcare providers to share information enabling evaluation of healthcare treatment, including failures, to improve patient safety and quality of care without fear of liability. More >
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 >