13 Kentucky opinions name it 2 courts 1999–2021 1 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sisters of Charity Health Systems, Inc. v. Raikesgreen2 sentences2015In Sisters of Charity Health Systems, Inc. v. Raikes, 984 S.W.2d 464, 470 (Ky.1998), the Kentucky Supreme Court held that the peer review privilege created by KRS 311.377(2) is limited to suits against peer review entities and does not extend to malpractice suits: . 2010To be sure, the Court’s discussion presumes that at the time the statute was enacted the General Assembly had the authority to create the privilege at issue, and in dicta the Court stated that “we agree with the dissent that the General Assembly could have enacted a statute extending the peer review privilege to medical malpractice actions.” 984 S.W.2d at 470 . | 6 | 9 |
Caldwell v. Chauvingreen2 sentences2015See Caldwell v. Chauvin, No. 2014-SC-000390-MR, 2015 WL 3653447, at *1 (rendered June 11, 2015). 31 Of note, we have rejected a similar argument in the context of the peer-review privilege and medical negligence claims. 2015See Caldwell v. Chauvin, No. 2014-SC-000390-MR, 2015 WL 3653447, at *1 (rendered June 11, 2015). 31 Of note, we have rejected a similar argument in the context of the peer-review privilege and medical negligence claims. | 4 | 4 |
Goodyear Tire and Rubber Co. v. Thompsongreen2 sentences2020Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575, 577 (Ky. 2000) 4 In its brief to this Court, NIK argues for the first time that the RCA is inadmissible under the peer review privilege of KRS 311.377, and thus, that this issue is moot, as the RCA would not be admissible on remand. 2020Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575, 577 (Ky. 2000) 4 In its brief to this Court, NIK argues for the first time that the RCA is inadmissible under the peer review privilege of KRS 311.377, and thus, that this issue is moot, as the RCA would not be admissible on remand. | 2 | 2 |
Peabody Coal Co. v. Gossettgreen1 sentence2021The amendment clarifies that the statutory privilege applies in a broader range of cases than this Court had previously held.28 In the context of this litigation, the statute 24 819 S.W.2d at 36 (emphasis added). 25 Vinson, 30 S.W.3d at 168-69 . 26 Id. 27 Id. 28 In Sisters of Charity Health Sys. v. Raikes, this Court held that “the peer review privilege created by KRS 311.377(2) [was] limited to suits against peer review 8 works to keep otherwise relevant and admissible evidence from the trier of fact. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth Department of Agriculture v. Vinson
green
2 sentences2021The amendment clarifies that the statutory privilege applies in a broader range of cases than this Court had previously held.28 In the context of this litigation, the statute 24 819 S.W.2d at 36 (emphasis added). 25 Vinson, 30 S.W.3d at 168-69 . 26 Id. 27 Id. 28 In Sisters of Charity Health Sys. v. Raikes, this Court held that “the peer review privilege created by KRS 311.377(2) [was] limited to suits against peer review 8 works to keep otherwise relevant and admissible evidence from the trier of fact. 2021The amendment clarifies that the statutory privilege applies in a broader range of cases than this Court had previously held.28 In the context of this litigation, the statute 24 819 S.W.2d at 36 (emphasis added). 25 Vinson, 30 S.W.3d at 168-69 . 26 Id. 27 Id. 28 In Sisters of Charity Health Sys. v. Raikes, this Court held that “the peer review privilege created by KRS 311.377(2) [was] limited to suits against peer review 8 works to keep otherwise relevant and admissible evidence from the trier of fact. | 1 | 2021–2021 |
Sweasy v. King's Daughters Memorial Hospital
green
2 sentences1999We addressed the issue of whether the peer review privilege of the 1980 version of the statute prevented discovery of peer review material in a medical malpractice suit in Sweasy, supra . 1999We addressed the issue of whether the peer review privilege of the 1980 version of the statute prevented discovery of peer review material in a medical malpractice suit in Sweasy, supra. Unlike McGuffey , in which the constitutionality of the 1976 version of the statute was the only issue at bar, at issue in Sweasy were both the constitutionality and the application of the 1980 version of the statute. | 1 | 1999–1999 |
McGuffey v. Hall
green
2 sentences1999However, the McGuffey court struck the peer review privilege because it found that "the subject-matter of the Act [which contained the privilege] is not sufficiently related to malpractice claims or insurance" to pass constitutional muster under section 51 of the Kentucky Constitution. [2] Id. at 407 . 1999However, the McGuffey court struck the peer review privilege because it found that “the subject-matter of the Act [which contained the privilege] is not sufficiently related to malpractice claims or insurance” to pass constitutional muster under section 51 of the Kentucky Constitution. 2 Id. at 407 . | 1 | 1999–1999 |
Adventist Health Systems/Sunbelt Health Care Corp. v. Trude
green
2 sentences1999This construction of the statute is exemplified by our decision in Adventist Health Systems v. Trude, Ky., 880 S.W.2d 539 (1994). 1999This construction of the statute is exemplified by our decision in Adventist Health Systems v. Trude, Ky., 880 S.W.2d 539 (1994). | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.