Kentucky Woman Challenges Constitutionality of New Medical Review Law

Jul 7, 2017
Originally published on July 7, 2017 2:27 pm

A Kentucky woman is challenging the constitutionality of a new state law aimed at limiting medical malpractice lawsuits. 

Lexington Herald-Leader reports Tonya Claycomb filed a lawsuit against the Kentucky Cabinet for Health and Family Services on June 29, the same day the law took effect.

Approved this year, the law requires that a panel of medical providers must evaluate claims filed against health care providers before the case can proceed in court, and the opinions could be entered as evidence in subsequent litigation.

The lawsuit states plaintiffs will suffer irreparable harm, monetary loss and months-long delays in access to circuit court. Cabinet spokesman Doug Hogan says the law includes safeguards to ensure due process and is intended to lead to tort reform to drive down medical costs.

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