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Kentucky Legal Blog

State’s highest court strikes down medical review panel

The Kentucky Supreme Court has struck down the law that required all medical malpractice lawsuits to first be reviewed by a medical review panel before going to court. Drafted by the Republican-led Senate and House in 2017 and supported by the Kentucky Medical Association, the premise of the bill was to avoid unnecessary or frivolous medical malpractice cases from clogging up the Circuit Courts.

Critics saw a different aim, claiming that the panel was simple a barricade between citizens and their constitutional right to seek justice in court. Now medical malpractice plaintiffs are able to once again file lawsuits in the Circuit Courts. Rulings by the CC will be the final with no opportunity to appeal to the state’s Supreme Court.

How parents can prepare teens to drive safely in Kentucky

The worst phone call you ever receive may come from a police officer regarding your teen's vehicle crash. If you are a parent with a newly licensed teen driver, the possibility of an accident can be a nagging thought.

As the parent of an adolescent driver, you are your child's best advocate to learn safe driving and how to avoid crashes. Whether your teen operates a vehicle in a large city like Louisville or a small country town, your primary focus is on safe driving.

How can parents navigate custody during the holidays?

Regardless of how Kentucky residents end their marriage, it is important for them to maintain an amicable and working relationship with one another while figuring out how their children will spend the holiday season. It falls upon the shoulder of parents to ensure they can ease the tension to create happy memories for their children for years to come. This can only be done if parents begin planning ahead of time and remain flexible regarding accommodating one another's plan.

There are various ways parents can decide to divide holidays between themselves. One of the ways people go about this is by alternating on an annual basis. So this means, one parent may have the children for one holiday in the even-numbered years and the other on the odd-numbered years. However, this is difficult for some parents as they do not like spending a holiday without their children every year but it is important to give the kids an opportunity to celebrate with each parent. The other parent can plan ahead to fill their time with other activities that can keep them from getting disappointed.

A DUI conviction can put your future on hold

The state of Kentucky wants to keep drunk drivers off the road, so the penalties, even for a first offense, are stiff. However, a conviction for driving under the influence of alcohol is not just about the penalties you face. A DUI mark on your record will follow you and may put the plans you had for the future on hold.

First things first

What is the property division process in Kentucky?

Couples have certain rights to marital property which is why it is important for them to understand how property is divided if they decide to divorce. Marital property generally includes property, assets and income acquired during the marriage that may be subject to the property division process if the couple decides to divorce.

Unlike marital property, which is divided during the divorce process, separate property is not divided during divorce. Separate property includes property the spouses entered the marriage with, gifts, inheritances, personal injury awards and property excluded through a legal agreement such as a prenuptial agreement. In Kentucky, property that is subject to division, or marital property, is distributed according to equitable property distribution rules.

How do I defend myself against drunk driving charges?

Knowing how to respond to drunk driving charges can be critical to preserving the future of the accused individual. DUI charges can result in both criminal and administrative penalties that can leave accused individuals with potential jail time, fines and driver's license suspension.

There are different types of drunk driving defenses including affirmative defense such as necessity, duress, entrapment, mistake of fact, involuntary intoxication and other types of defenses as well. It is helpful to know when these affirmative defenses apply but there are also other common ways of defending against drunk driving charges that include challenging the police officer's observations, assertion of facts or the evidence alleged against the accused individual.

Why should you see a doctor after an accident?

The time after a car accident is stressful, you might feel like you have a million things to do, so making a trip to the doctor’s office may not seem like a priority, especially if you feel healthy. However, neglecting to go to the doctor after an accident, no matter how minor, could be a mistake.

Seeing a trained medical professional is crucial. You may need a thorough examination to determine if you really are healthy and injury-free. Sometimes injuries may not present themselves to an untrained eye so it is safest to see a doctor. You do not want to run into complications down the road.

Help for families with child custody concerns

The divorce process can bring uncertainty to a family and divorcing couples may be understandably concerned about child custody and how the divorce process will impact their children. Fortunately, the family law process provides resources to help divorcing couples resolve their child custody concerns and the more that divorcing couples are familiar with that process, the more they will know what to expect from it.

Child custody decisions are always based on what is in the best interests of the child. A host of factors will be used to determine what is in the best interests of the child. Factors that are considered include the child's involvement in school and community, their wishes and any abuse or neglect. Whether the family law court is making the child custody determination, or the divorcing couple is agreeing to a child custody arrangement, the guiding focus of the child custody process is always what is in the best interests of the child.

Kentucky high school principal charged with DUI

An Oldham County High School principal is on paid leave after being charged with driving under the influence and reckless driving. Though she will take one week off to address personal issues, she will remain employed with the board of education while charges are pending. Her continued employment will be decided pending the outcome of this incident.

A police officer observed a woman crossing the center line several times on in the early hours of a Sunday morning. Upon pulling her over, he noticed that she had slurred speech and smelled strongly of alcohol. The officer asked the woman to step out of the vehicle, where he then performed a sobriety test and obtained a blood alcohol reading. The woman failed both, with her blood alcohol registering at 0.11 percent. The legal blood alcohol limit for driving in the state of Kentucky is 0.08 percent. She advised the officer that she "was out with friends."

What are the most dangerous roads near Louisville?

As Louisville is the largest and most popular city in Kentucky, it is also the most dangerous for drivers. So many busy and accident-prone roads intersect with each other and bring the heavy traffic and road obstacles with them.

The various roads and highways have become so hazardous that they consistently rank in WalletHub’s most dangerous highways in the United States for the last couple of years. Before you head onto one of these roads into the big city, you need to be aware of which areas are the most dangerous and how to approach them carefully.

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