Kentucky v. Claycomb
Kentucky Supreme Court
566 S.W.3d 202 (2018)
- Written by Deanna Curl, JD
Facts
In 2017, Kentucky enacted the Medical Review Panel Act. Under the act, a claimant bringing a medical-malpractice, wrongful-death, or related claim against any individual or entity related to healthcare was first required to submit the claim to a medical-review panel. The panel would issue an opinion on the merits of the claim but not adjudicate it. A claimant could only avoid submitting a claim to the panel by agreeing to binding arbitration or if all parties agreed to bypass the review panel. Claycomb (plaintiff) challenged the constitutionality of the act under the Kentucky Constitution's open-courts provision. The trial court declared the act unconstitutional under the Kentucky Constitution, and the state (defendant) appealed.
Rule of Law
Issue
Holding and Reasoning (Minton, C.J.)
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