Kentucky Medical Malpractice Insurance

• Most Common Limits of Liability: $1 million/$3 million
• Major Malpractice Insurers:
  • Medical Protective Co.
  • ProAssurance Casualty Co.
  • State Volunteer Mutual
  • Kentuckiana Medical Reciprocal RRG
  • Homeland Insurance Co. of New York
• Cost of Medical Malpractice Insurance: Moderate

The Kentucky malpractice landscape is generally stable. Rates are fairly constant throughout the state, and there are many carriers physicians can choose from. Unlike many other states, Kentucky has not been able to pass many reforms to its tort law or medical liability system. This has sometimes led to large awards in court. In recent years, claims in Kentucky have generally fallen in number, but not as quickly as in many other parts of the country.

Reforms in Kentucky have been attempted many times, but without much success. Though the Bluegrass State managed to pass the Kentucky Medical Malpractice Act of 1976 in response to the medical malpractice crisis of the 1970s, most of its provisions were quickly ruled unconstitutional by the Kentucky Supreme Court. These provisions included a cap on noneconomic damages, creation of a patient compensation fund, a requirement that physicians carry insurance and creation of a joint underwriting association for physicians who had difficulty in obtaining policies at reasonable rates.

Unfortunately, the law ran up against the Kentucky Constitution, which has an “open courts” provision. According to Section 14 of the Kentucky Constitution, “All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or debate.” It further prohibits the legislature from limiting the amount to be recovered for injuries resulting in death, or for injuries to a person or property and to provide that “[w]henever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same.” In Section 54, the wording is even blunter, declaring “the General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.” These “open court” provisions clearly prohibit the General Assembly from creating a cap on noneconomic or punitive damages. Additionally, the creation of a joint underwriting association and requirement for physicians to carry insurance were ruled unconstitutional, as an unjustified exercise of the state’s police power to mandate the purchase of medical malpractice insurance.

Since then, Kentucky has made a few more attempts at reform. In 1988, the Kentucky General Assembly passed House Bill 551, which was intended to modify Kentucky law with respect to punitive damages. Once again, this was found to violate Kentucky’s “open courts” provision. In 2006, conservative legislatures attempted an amendment to the Kentucky Constitution so that caps on noneconomic and punitive damages could be imposed. However, they were unsuccessful in getting the measure on a ballot for voter approval.

Smaller reforms are still being attempted in Kentucky. In January 2016, a bill was introduced by Kentucky State Senator Ralph Alvarado to create a medical review panel system for use in medical malpractice litigation. This legislation is currently in committee.

• Damage Caps? No, damage caps were ruled unconstitutional in Kentucky in 1977.
• Patient Compensation Fund? No
• Apology Law? No
• Collateral Source Reform? No
• Periodic Payments? Not mandated
• Joint Liability Reform? Yes, defendants are only responsible for their proportionate share of damages.
• Limits on Plaintiff Attorney’s Fees? No

Overview

Rates in Kentucky tend to be fairly moderate, despite the lack of tort reform. Specialists like obstetricians and surgeons can find policies with premiums for under $70,000 per year. General practitioner policies can be found for about $15,000 per year or even less, depending on location.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Bluegrass State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for Kentucky physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Kentucky County

Rates in Kentucky vary somewhat by county. Physicians might be subject to moderately higher rates in Jefferson County, which includes the city of Louisville, and in Fayette County, which includes Lexington. Rate may also be slightly higher in Boone, Campbell and Kenton Counties in northern Kentucky, and in Clay County and Leslie County in the southeast part of the state.

Kentucky Medical Association
Kentucky Department of Insurance
Kentucky Hospital Association
Kentucky Board of Medical Licensure
Kentucky Osteopathic Medical Association
All MD Kentucky Healthcare Defense Attorney Listing