Supreme Court examines Kentucky's medical review panels
Headline Legal News
After Ezra Claycomb was born with severe brain damage and cerebral palsy, his mother considered filing a medical malpractice lawsuit. But in 2017, Kentucky's Republican-controlled legislature passed a law requiring all such lawsuits first be reviewed by a panel of doctors.
The law gave the panel nine months to issue an opinion on whether the lawsuit is frivolous — yet section 14 of Kentucky's Constitution says every person has access to the courts "without ... delay."
Claycomb's parents sued to block the new law, making Kentucky the latest state to have its medical review panels challenged in court.
A circuit judge agreed the law was unconstitutional. But Republican Gov. Matt Bevin appealed that decision to the state Supreme Court, which heard arguments Wednesday.
"This is a modern day version of the poll tax," said attorney J. Guthrie True, who represents Claycomb in a lawsuit he says has class action status to represent all patients. "This has one purpose, and that is to obstruct the courthouse door."
Matthew Kuhn, an attorney for the governor, said the state Constitution's ban on delaying access to the courts only applies to the court system itself. It does not apply to the legislature, which he says has the power to impose rules on the court system. He noted Kentucky has other laws that limit when people can file lawsuits. For example, heirs wanting to sue the executor of an estate must wait at least six months after the executor has been appointed before they can do so. Kuhn says that law has never been challenged.
Kuhn said the medical review process is helpful because it gets the two sides talking before a lawsuit is filed, which could jumpstart settlement discussions. It also makes sure both sides have all the evidence collected before they go to a judge.
Related listings
-
Courts finds suspect in neo-Nazi trial guilty of 10 killings
Headline Legal News 07/06/2018A German court on Wednesday found the main defendant in a high-profile neo-Nazi trial guilty over the killing of 10 people - most of them migrants - who were gunned down between 2000 and 2007 in a case that shocked Germany and prompted accusations of...
-
Trump closes in on Supreme Court pick; 3 judges top list
Headline Legal News 07/05/2018President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy.Trump's top contenders for the vacancy at this time are federal appeals judges Amy C...
-
Yankton lawyer Jason Ravnsborg wins GOP attorney general nod
Headline Legal News 06/26/2018South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.GOP delegates voted to nominate Ravnsborg at their state party convention, wh...
Forte Law Group is a trusted resource to protect your child’s needs.
Based on the culmination of ongoing state, municipal and board of education budget cuts, coupled with school districts having to do more with less resources, the current climate within schools often dictates that you may require a special education attorney to achieve the best results when advocating for your child’s right to a free appropriate public education. Coupled with increasing class sizes, your child may slip through the cracks within the school system itself and not be receiving an appropriate education with measurable goals and objectives.
A Connecticut Special Education Attorney Knows the Law
Often is the situation that there already exists a high level of frustration and contention between the family and school when special education and related services are not being appropriately delivered. Many times, the relationship between family and school results in an adversarial environment that is not conducive towards a team approach for the benefit of your child’s needs.