Medical Review Panels Unconstitutional in Kentucky, Constitutional in Indiana
Legislators in Indiana and Kentucky have enacted laws mandating medical review panels in cases where individuals allege they have been harmed by a healthcare provider’s negligence, commonly known as medical malpractice. Under legal challenge, Indiana found the legislation constitutional, whereas Kentucky did not.
Long ago, prior to enacting this legislation, Indiana’s and Kentucky’s founders provided as part of their Constitutions that their courts should be “open” and justice administered freely and “without delay.”
Article I, Section 12 of the Indiana Constitution provides: