In 2017, Kentucky enacted a law that required any medical malpractice claim to be reviewed by a panel of experts and an attorney before the claimants could file their suit in court. This caused a mandatory delay, contradicting Kentucky's own constitution that states every person has access to the courts without delay. At the end of 2018, this law was declared unconstitutional. Cases in Kentucky can move forward much faster now.
Virtually all skilled nursing facilities accept taxpayer dollars via Medicare. As a condition of being able to get paid Medicare dollars, Medicare has regulations that set minimum standards for the quality of nursing care provided in nursing homes. The purpose of these regulations is in part to ensure proper care is given in order to avoid neglect, injury, and even death to nursing home patients. These regulations, 42 CFR 483.25, address some of the more common types of problems we see in nursing home cases, problems that can lead to injury, or even death.