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Articles Posted in Kentucky

The Missouri Supreme Court ruled in Sides v. St. Anthony’s Medical Center, that plaintiffs in a medical malpractice cases in Missouri may rely on an expert’s opinion that the injury would not have happened in the absence of the defendants’ negligence even without a specific proof of a negligent act. The court adopted the Restatement of Torts rule that if a medical malpractice plaintiff cannot demonstrate which specific act of negligence caused the injury but can demonstrate the potential causes are within the control of the doctor, and the injury would not occur in the absence of negligence, then a medical malpractice plaintiff has jumped over the motion to dismiss/summary judgment hurdle.

The defendant’s medical malpractice lawyer argued that Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an OB/GYN medical malpractice case, was controlling. In that case, the court found that generally res ipsa loquitur is not applicable in medical malpractice cases. The Missouri Supreme Court did not overrule Hasemeier but it may as well have.

The Missouri high court’s ruling, in this case, is consistent with common sense and, as the court noted, the trend in many other states including Kentucky, Nebraska, and New York.

Karla Ward of the Kentucky Herald Leader reports that the Kentucky Medical Association has tort reform on the agenda for this legislative session. Specifically, doctors say they want a constitutional amendment that would eliminate frivolous medical malpractice lawsuits.

The article does not articulate specifics. But is hard to imagine any scenario where this will happen. The national trend is to acknowledge the “medical malpractice crisis” was hardly a crisis at all but rather at a high point in the highs and lows of medical malpractice claims.

The article also mentions a study that was done showing a shortage of doctors in Kentucky. I have not read this study but it seems like a dozen or so get release every year coincidentally just before the state legislative session. Unless a study is done by a truly independent party, it is difficult to lend it much credibility.

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