Ky. Gov. Proposes Compromise for Medical Malpractice Cases
Southeast News • September 25, 2007
In a blunt assessment to fellow doctors, Kentucky Gov. Ernie Fletcher said Monday that chances of limiting pain-and-suffering damages in medical malpractice cases are bleak because of resistance ...
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Subject: Malpractice Dilemma
Posted On: September 26, 2007, 12:51 pm CDT
Posted By: Rory Jones
Comment:
I would suggest the Commonwealth of Kentucky consult with their neighbors to the north (Indiana) regarding their highly successful Malpractice Laws.
For at least 30 plus years, the state of Indiana has had a cap on damages which has allowed both the claimant and defendents equitably reach a common ground. A result where claimants are fairly compensated, but at the same time doesn't bankrupt the system nor malpractice carriers. The malpractice carrier is on the hook for a limit and then the claimant files a claim under the Indiana Patient Compensation Fund which is administered by the Indiana Department of Insurance. The fund is funded by a portion of the premiums paid through their malpractice premiums by the doctors or medical facilities.
We need to protect the integrity of the system and keep it where the environment is favorable to recruit and retain superior talent in the medical field. The medical field are not alone in having a few bad apples which creates the debate of incompentency in the practice of medicine and justification of caps or no caps on awards.
Subject: Malpractice Dilemma
For at least 30 plus years, the state of Indiana has had a cap on damages which has allowed both the claimant and defendents equitably reach a common ground. A result where claimants are fairly compensated, but at the same time doesn't bankrupt the system nor malpractice carriers. The malpractice carrier is on the hook for a limit and then the claimant files a claim under the Indiana Patient Compensation Fund which is administered by the Indiana Department of Insurance. The fund is funded by a portion of the premiums paid through their malpractice premiums by the doctors or medical facilities.
We need to protect the integrity of the system and keep it where the environment is favorable to recruit and retain superior talent in the medical field. The medical field are not alone in having a few bad apples which creates the debate of incompentency in the practice of medicine and justification of caps or no caps on awards.