Kentucky Medical Review Panel

Kentucky Medical Review Panel
By: Adam L. Coleman

Last year March 16th, 2017 governor Matt Bevin of Kentucky passed KRS. 216C. Since then there has been nothing more than a debate to the actual factual background behind KRS. 216C. The debate in regards to the Kentucky Medical Review Panel is nothing more than frivolous itself because it’s something that should not be allowed as it clearly violates each americans constitutional rights to “Due Process” and the right to a “Speedy Trial”.

Weather there is a concern for tort reform or not such a law as KRS. 216C should be prohibited because of these factors:

1.) There is not a set time given that the Review Panel will issue its “Opinion”. Even so that the normally allowed statute of limitations for medical malpractice is at concern.

2.) This law creates a barrier to those whom act “Pro Se” in representing themselves in the court of law which has always been a guaranteed right to any given individual of the U.S. The access to a courtroom should be guaranteed equally to all person(s) as “A Justice Delayed is A Justice Denied”.

3.) The requirement for one party to pay any amount of sum in total of $3000 give or take is not fair when the other party requests it at command. Healthcare providers and healthcare facilities “already” have their own ways for complaint processes against a healthcare provider and healthcare facility, why would a second requirement be more than necessary? A reminder of this is that, the best way to prevent Medical Malpractice is to improve the quality of care and provide adequate medical records at which only a health care provider or facility has direct scrutiny to do so in protection against false claims.

4.) Damage caps are unreasonable as the main argument and requirement of KRS 216C is to protect against false claims in medical malpractice cases but in reality, what the medical industry is saying due to medical malpractice claims in the latest news as it has risen to a higher rate of payouts thus more defunding healthcare facilities and providers. This is not so because at any given viewpoint by allowing this law it will defund the legal professionals whom practice in Medical Malpractice because in other states who have enacted a “Medical Review Panel” like the state of Louisiana the damage caps are to not exceed $100,000. This law is nothing more than the attempt to fund the healthcare system all while defunding the legal professionals whom practice in medical malpractice standards. A caculation of expenses could very well exceed over $100,000 with attorney fees, funeral expenses, burial expenses, loss of income and most importantly pain and suffering for those who are left behind after their loved ones have passed away.
5.) Needless to say regardless of any of the requirements of KRS 216C. False or frivolous claims will still be filed. Nothing will prevent a person from filing a claim so as to speak weather its the medical industries fault or not we are all of the responsibility that we take on regardless of position so in the fields of medical or legal professions you knowingly know your entitled responsibilities.

As of latest news on KRS 216C. The Kentucky Supreme Court is hearing the case of Tonya Claycomb vs. Commonwealth of Kentucky which challenges constitutionality of the law itself, August 8th, 2018 was the last appearance of which the case was heard and is still pending until a decision is made on such law.