04RS SB12

SB12

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SB 12 (BR 140) - T. Buford

     AN ACT proposing an amendment to Sections 7, 14, 54, and 241 of the Kentucky Constitution and proposing to create a new section of the Kentucky Constitution, relating to medical malpractice.
     Propose new section of the Kentucky Constitution to establish a medical malpractice screening panel; define "medical malpractice" and "health care provider"; require the General Assembly to establish a medical malpractice screening panel by general law; provide that the medical malpractice screening panel shall review each case of alleged medical malpractice prior to the filing of any civil suit in court; provide that any civil suit filed prior to the issuance of an opinion by the medical malpractice screening panel shall be dismissed by the court; require the medical malpractice screening panel to issue an opinion on each case of alleged medical malpractice whether the evidence supports the conclusion that the health care provider committed medical malpractice; provide that the opinion on each case of alleged medical malpractice issued by the screening panel shall be admissible as evidence in court, but shall not be a conclusive determination in court proceedings on whether medical malpractice was committed; propose to amend Section 7 of the Kentucky Constitution, relating to trial by jury; propose to amend Sections 14 and 54 of the Kentucky Constitution, relating to access to courts; propose to amend Section 241 of the Kentucky Constitution, relating to the right to sue in cases of death or injury; submit to voters and provide ballot language.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in Senate
     Jan 9-to State and Local Government (S)


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