December 21, 2011
The Kentucky Association of Health Care Facilities wants to enact a law requiring an impartial medical review panel to review nursing home abuse lawsuits before they are brought to court.
The case review panel would be comprised of three physicians and led by a neutral attorney would would not be voting on the merit of the case. The panel’s findings would then be admissible in court if a lawsuit was filed.
The Kentucky Association of Health Care Facilities says this would help do away with frivolous lawsuits. However, the Kentucky Justice Association, a lawyer group, disagree with the proposed law saying it is designed to protect nursing homes from their own negligence. The group says if the nursing home industry wants fewer lawsuits they need to give their residents more staffing and better care.
Legislation for this proposed law has not currently been filed for the 2012 General Assembly.
A nursing home abuse lawyer, an advocate for nursing home abuse victims and their families, plays a critical role is holding nursing homes responsible for any negligence they may be guilty of.