February 15, 2019
AN UPDATE ON YESTERDAY'S RULING BY ATTORNEY KATHRYN ECKERT
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:
- 1) The opinion holding that medical review panels are unconstitutional is now final and the MRP Act is officially dead
- 2) Any questions from the fallout of this ruling (i.e. application of statute of limitations to cases that had been pending with a panel, equitable tolling for those cases that were filed with panels but not simultaneously with circuit courts, or applicability of the Savings Statute) will be decided by the circuit courts with proper jurisdiction for each matter on a case-by-case basis.
View the applicable rulings below:
Kentucky Supreme Court's Denial of Petition for Rehearing