Action Center

Tort Reform
Action Alert
March 5, 2019

House Bill 429, sponsored by Rep. Chad McCoy, would require medical malpractice plaintiffs to include with their lawsuit a certificate of merit declaring that they have consulted with a qualified expert and, based on the expert’s review, there is a reasonable basis to file the legal action. HB429 passed the House 69-24 on Friday and now proceeds to the Senate for consideration.

January 15, 2019

While we were disappointed in November's Kentucky Supreme Court's ruling in the medical review panels case, KMA remains resolute in restoring fairness and predictability in the legal liability system, and tort reform is once again a priority for the Association in 2019.

Current Legislation Filed:  Senate Bill 11, sponsored by Sen. Ralph Alvarado, proposes an amendment to Section 54 of the Kentucky Constitution. The amendment would allow the General Assembly to limit monetary damages for injuries or death to person or property, as well as provide a uniform statute of limitations for any civil action for such injuries or death. It has been assigned to the Senate State and Local Government Committee.


January 1, 2019

KMA has had recent success on one of the most prominent issues for Kentucky physicians. During the last two sessions, KMA has played a central role in the passage of Senate Bill 4, legislation that established medical review panels in the Commonwealth, and House Bill 4, a bill that protects the peer review process by allowing physicians and hospitals to assess their work without the possibility of their opinions being used in a medical malpractice claim.  Unfortunately, in November, the Kentucky Supreme Court overturned the medical review panel law, returning Kentucky to one of the few states in the country with no meaningful tort reform.  Despite the court's ruling, KMA remains resolute in restoring fairness and predictability in the legal liability system.  KMA looks forward to continuing its work with the Kentucky General Assembly and other key stakeholders on tort reform initiatives that are designed to aid physician recruitment, facilitate access to quality health care, and stabilize patient costs.
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