2006 Senate Bill 1 (Medical malpractice constitutional amendment)

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Introduced by Sen. David L. Williams (R) on January 4, 2006, to place before voters a Kentucky constitutional amendment to add a new section permitting the General Assembly to limit noneconomic damages and punitive damages following successful claims of medical malpractice. The bill would provide for a statute of limitations on actions, and require alternative dispute resolution in cases involving health care providers licensed or certified by the Commonwealth. The bill would propose amending various parts of Kentucky’s constitution to conform.
- Referred to the Senate State and Local Government Committee on January 6, 2006.
- Amendment offered by Sen. R.J. Palmer, II (D) on March 1, 2006, to increase the maximum amount of liability for punitive and noneconomic awards from $250,000 to $500,000. The amendment would provide that the alternative dispute resolution system which may be authorized by the General Assembly be non-binding and shall not abridge the right to trial by jury. The amendment would require the General Assembly by general law to create a formula to be used regarding the awarding of economic damages to a person who has no wages at the time of an injury or death resulting from an act or omission of a health care provider.
Failed in the Senate (21 to 15) on March 1, 2006. [Vote Details and Comments]

Most Recent Comments

1) No Welfare For Ins. Co.'s [by Anonymous Citizen on March 2, 2006]
This bill comes up every year because it generates tons of campaign cash from insurance companies. There is absolutely 0 proof that this bill would lower insurance rates. In fact, the insurance companies won't even tell you it will lower rates. Medical malpractice "reform" only hurts the elderly, children, and stay-at-home mothers. If we can trust a jury with the death penalty, we can trust them with money! Hurray for those that opposed this law. Keep fighting to keep our rights!
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2) Medical Malpractice Constitutional Ammendment [by Anonymous Citizen on February 28, 2006]
Is there any commitment by the insurance companies that they would lower rates even if the bill does pass. The way it stands now it is a bad bill. It places the burden on the backs of those who have suffered because of others mistakes. The poor and middle class will suffer the most from this bill.
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3) My Party has left me [by Anonymous Citizen on February 7, 2006]
This coming election will be the very first time in my 40 years of voting that I will vote Democrat. My party has gone nuts and left me. I am still for the same things I always have been for but the Republican Party has changed and is run by an idiot in Washington and a scandal in Frankfort. Adios.
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