RICHARD L. McCOLLUM, ET AL., MOVANTS v. SISTERS OF CHARITY OF NAZARETH HEALTH CORPORATION, ET AL., RESPONDENTS AND: CORA GILBERT, APPELLANT v. NAZARETH LITERARY AND BENEVOLENT INSTITUTION, ET AL., APPELLEES AND: MARTHA LOIS BILL, ET AL., APPELLANTS v. NAZARETH LITERARY AND BENEVOLENT INSTITUTION, ET AL., APPELLEES AND: RUDOLF BOWLING, ET AL., APPELLANTS v. NAZARETH LITERARY AND BENEVOLENT INSTITUTION, ET AL., APPELLEES AND: DOROTHY COMBS MARTIN, ET AL., APPELLANTS v. NAZARETH LITERARY AND BENEVOLENT INSTITUTION, ET AL., APPELLEES AND: LILLIAN BUTNER, APPELLANT v. NAZARETH LITERARY AND BENEVOLENT INSTITUTION, ET AL., APPELLEES, 799 S.W.2d 15

Summary

Ky. Rev. Stat. Ann. § 413.410(2) provided that a claim against a hospital or medical personnel could not be filed more than five years from the date on which the negligent act or omission occurred. The court held that the provision was a statute of repose, not of limitation, and that it was unconstitutional because it violated the open court provisions of Ky. Const. § 14, Ky. Const. § 54, and Ky. Const. § 241. The constitutional provisions prohibited the diminution of legal remedies, such as the medical malpractice and wrongful death actions, which existed when the Constitution was adopted. The court held that Ky. Rev. Stat. Ann. § 413.410(2) prevented the party with the malpractice action from bringing the action because he could not have not have discovered the injury until after the five year period. Thus, the statutory provision was unconstitutional. In regard to the remaining cases, the estates whose decedents had been murdered by a hospital physician who was later convicted, the ...