Kentucky Medical Malpractice Lawyers: Would this fly in Kentucky?

Doctors Attempt 'No Sue by Steven Klearman

Steveven Klearman of Reno has a very interesting read about OB/GYNS making their patients sign waivers containing arbitration agreements and caps on pain and suffering at $250,000.

Citing the high cost of medical malpractice insurance, more than a dozen ob-gyns have joined Obstetricians & Gynecologists Risk Retention Group of America (OGRRGA), a new Montana-based company that is reportedly reducing their premiums by about 50 percent. As part of their participation in the group, these physicians are requiring patients to sign agreements stating that they will pursue any subsequent disputes through binding arbitration.

They also must agree that pain-and-suffering awards will be capped at $250,000.

Clearly, this type of agreement would be unconstitutional in Kentucky.  But don’t think local doctors won’t try it.