Vote Smart's Synopsis:

Vote to pass a bill that establishes medical review panels to review malpractice claims in nursing homes.

Highlights:

• Establishes medical review panels to review proposed malpractice complaints against long-term care facilities (Sec. 1).

• Requires all malpractice claims against a nursing home, or any current or former employees of a nursing home, to be reviewed by a medical review panel and given an opinion before the case may go to trial (Sec. 3).

• Authorizes the malpractice claim to go to trial without approval from the panel if the claimant and all defendant parties agree that the claim should not be presented to the medical review panel (Sec. 4). 

• Requires the panel to consist of 1 attorney and 3 physicians (Sec. 8).

• Requires the plaintiff and the defendant of a malpractice claim to agree upon an attorney to serve as the chairperson on the panel, who is a non-voting member (Secs. 8 & 9).

• Establishes the following procedure for selecting the 3 physicians for the medical review panel (Secs. 10 & 11):
• The chairperson shall draft a list of eligible physicians in good standing with the Kentucky Medical Licensure Board;
• The defendants and plaintiff shall select 2 physicians from the list provided by the chairperson; and
• The chosen 2 physicians shall select the 3rd physician for the panel.

• Requires at least 2 of the physician members to agree on the panel's opinion of a claim (Sec. 22).

• Requires the panel to express the panel’s opinion as to whether or not the defendant acted or failed to act within the appropriate standards of care within 180 days after the selection of the last member of the panel (Secs. 22 & 23).

• Authorizes the report of the opinion reached by the medical review panel to be used as evidence in any action subsequently brought in a court of law (Sec. 24).

• Specifies that the expert opinion is not conclusive, and either party may call any member of the medical review panel as a witness in a court of law (Sec. 24).

Full Bill Text