On November 15, 2018, the Kentucky Supreme Court struck down as unconstitutional the Medical Review Panel Act.
In a landmark decision, the Court held that the Act violated the Open Courts provision of the Kentucky Constitution.
The Court stated: "Of all the rights guaranteed by state constitutions but absent from the federal Bill of Rights, the guarantee of a right to access to the courts to obtain a remedy for injury is possibly the most important."
Paul A, Casi, II, was quoted in the Courier Journal saying: "This is an important day for the fundamental right to access to the courts for all injured persons who deserve the right to a remedy without delay or interference by the government."
The Medical Review Panel Act was passed in a misguided attempt to address the myth of a malpractice crisis in Kentucky.
The real crisis is a patient safety crisis with preventable medical errors being reported as the third leading cause of death in the United States.
Ezra Clayomb was represented by Paul A. Casi, II, and Jeff Adamson of Paul A. Casi, II, P.S.C. and by Guthrie True.
Links to news coverage of the decision and to the failure of the Review Panel Act are below:
Courier Journal:
- https://www.courier-journal.com/story/news/2018/11/15/kentucky-medical-review-panels-what-we-know-after-supreme-court-ruling/2011369002/
- https://www.courier-journal.com/story/news/2018/08/05/kentucky-supreme-court-medical-malpractice-review-panels/892807002/
- https://www.courier-journal.com/story/news/2018/08/05/kentucky-medical-malpractice-screening-panel-falls-flat/865452002/