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McBrayer Blogs

Showing 2 posts tagged Malpractice Litigation.

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 >

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 >

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