Posted On: May 19, 2010 by Shawn Cantley

Kentucky Appeals Court Reinstates $211,953 Medical Malpractice Judgment Against Dr. Glen Hicks

Years after being judged in his medical malpractice case, Dr. Glen Hicks will have to pay the $211,953 judgment. The Court of Appeals’s decision finally enables the Hutchersons to receive compensation almost 9 years overdue.

James and Sharon Hutcherson filed a medical malpractice suit against Dr. Hicks on May 18, 2000 for a claim that arose in 1999. Dr. Hicks told his employer and insurance company about the suit but didn’t take any further action until 4 years later, after the Hutchersons’ had already gotten a judgment against him.

Although he had convinced the trial judge to set aside the judgment, the Kentucky Court of Appeals disagreed. Declaring Dr. Hicks’ reasons for delay “wholly inadequate” and “simply incredulous”, the court reinstated the judgment.

It is good to know that, at least in Kentucky, a doctor has to take responsibility for the commission of medical malpractice. As the court stated, turning the matter over to the insurance company does not absolve one “of the responsibility for staying abreast of the status of the litigation”. Although, those harmed by a physicians’ negligence shouldn’t have to wait 9 years for compensation like the Hutchersons’ did, at least they will finally receive what they should have gotten when the judgment was first entered in 2004.

The attorneys of Bahe Cook Cantley & Jones represent individuals injured by medical malpractice and physician negligence. If you have any questions, feel free to contact Shawn Cantley directly by clicking here: profile.

For the full text of the Kentucky Court of Appeals opinion, click here.