Lexington Kentucky Personal Injury Law Blog

Product liability law: an overview

Every year, defective and dangerous products cause thousands of injuries across Kentucky and the rest of the U.S., but victims could be compensated for their losses under product liability law. This encompasses the rules that determine who is responsible for the defects. The foundation for these rules is the requirement that products meet the ordinary expectations of customers. Where these are not met, the manufacturer or seller may be at fault.

In the past, only the buyers of defective and dangerous products could be eligible for compensation. Now, though, anyone who foreseeably could have been injured is eligible. The product must have been sold in the marketplace, and for strict liability to apply, it must be a part of the ordinary course of business.

Kentucky Supreme Court ends medical review panels for malpractice

In a unanimous decision, the Kentucky Supreme Court has ruled against medical review panels for malpractice claims. The state government had imposed the requirement that malpractice claims undergo review by medical panels before advancing to court in 2017. The medical review panel legislation had been put forward by a state senator who was also a physician.

The Supreme Court's chief justice struck down the new law because it denied people access to courts when they had been injured by another party. Prior to the Supreme Court ruling, a circuit court judge had ruled against the law in October 2017. He based that decision on the lack of any public benefit from a law that appeared to protect the health care industry.

Preventable causes of tractor-trailer accidents in Kentucky

While autos, SUVs and light-duty trucks account for most road accidents, catastrophic accident injuries result when commercial trucks are involved. A fully loaded truck can weigh up to 80,000 pounds.

According to the Lexington Herald-Leader, two auto drivers died when a flatbed trailer detached from a commercial 18-wheeler and struck two Lexington passenger vehicles traveling on Georgetown Road. The truck driver was not injured.

Prescriptions written by residents may be suspect

Residents are medical school graduates who typically participate in graduate medical programs and train in specialized fields of medicine. It may be said they are both student and healthcare provider. Although they are not yet board eligible or board-certified physicians, they are permitted to write prescriptions, which can be filled at any pharmacy. Kentucky patients naturally have reason to rely on these prescriptions the same as they would from any other doctor.

This makes a presentation given at the American Academy of Pediatrics all the more disturbing. The AAP report revealed that residents of all levels made errors when writing pediatric prescriptions despite the fact they were expected to be able to write them correctly from the first day of their residency. Apparently, the primary issue involved the residents' collective unfamiliarity with electronic prescription systems.

Kentucky ranked among the most dangerous states for rainy weather driving

Rainy weather can raise special safety concerns out on the roads. It appears this may especially be the case here in Kentucky.

A recent study by SafeWise came out with a list of the most dangerous states when it comes to driving in rainy weather. The rankings are based on the fatal rain-related traffic crash rates of the states. These rates were based on data from the National Weather Service and the National Highway Traffic Safety Administration.

Nursing homes must meet staffing requirements

Because many nursing home residents are on the federal Medicare or Medicaid programs, most nursing homes in Kentucky have to pay careful attention to federal rules and regulations that are binding on homes that take patients who have this federally subsidized health insurance.

One of the requirements is that a nursing home have adequate staffing. Specifically, there must be enough licensed nurses available in the nursing home that they can, collectively, cover the needs of each patient in the home. This type of care must be available at all times.

Types of injures that commonly happen at retail stores

While one might not think of it when running in to a mall or individual store to make a quick purchase, there are actually a lot of ways in which a Kentucky resident can get hurt inside a retail store. When these sorts of injuries happen, the injured victim may have the legal option of pursuing the business and even, in some circumstances, the owner of the building.

For instance, one of the common types of injuries that happen while one is shopping is a slip and fall. Slips and falls can happen for a number of reasons.

Judge hearing evidence in trial involving Kentucky patient

A medical malpractice trial that involves a patient from Northern Kentucky and several hospitals in the greater Cincinnati area, which includes parts of Northern Kentucky has begun. The doctor who is the defendant in this trial is reportedly evading criminal allegations of fraud but has denied doing anything wrong.

The woman also seeks compensation from the hospitals that allowed the doctor to practice medicine in their facilities.

Even cars themselves can be a cause of distracted driving

As this blog has discussed on previous occasions, distracted driving is a problem on Kentucky's roads. It can and often does lead to serious car accidents that leave residents of this state seriously and permanently injured.

A recent report published by the AAA Foundation of Traffic Safety largely confirmed this conclusion, finding that each year, 3,500 died on America's roads because of distracted driving, and 390,000 more victims suffer injuries serious enough to be reported.

Who is liable in accidents involving corporate vehicles?

When a car accident occurs, there are several aspects of the situation that should be addressed immediately. You need to get medical care to ensure that injuries are treated properly, and you also need to address damage to your vehicle so that you do not find yourself without transportation. These issues are superseded by the question of who will be paying for such expenses—in other words, who is liable?

This question is complicated further when the accident involves a vehicle that is corporately owned. Is the company liable, or is the individual driver? How do you go about collecting from either? There are a few things you should know, and you should also consult with a legal representative for further advice.

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O'Brien Batten & Kirtley, PLLC

O'Brien Batten & Kirtley, PLLC
921 Beasley Street
Suite 150
Lexington, KY 40509

Phone: 859-554-4727
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