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BLANKENSHIP v. COLLIER

Nos. 2007-SC-000916-DG, 2007-SC-000921-DG.

302 S.W.3d 665 (2010)

Robert M. BLANKENSHIP, M.D., Appellants, and Caritas Health Services, Inc., d/b/a Caritas Medical Center v. Horace COLLIER, Appellee.

Supreme Court of Kentucky.

January 21, 2010.

Attorney(s) appearing for the Case

David Bryan Gazak, James Eric Smith, Darby & Gazak, PSC, Louisville, KY, for appellant, Robert M. Blankenship, M.D.

David R. Monohan, Elizabeth U. Mendel, Rebecca Lynn Didat, Woodward, Hobson & Fulton, LLP, Louisville, KY, for appellant, Caritas Health Services, Inc., d/b/a Caritas Medical Center.

Karl Price, Law Offices of Karl Price, Louisville, KY, for appellee.

Opinion of the Court by Justice ABRAMSON.

The central question in this medical malpractice case is whether and when a trial court may grant summary judgment against a plaintiff who has failed to identify any expert witnesses. Pursuant to Kentucky law, in most medical malpractice cases, a plaintiff is required to put forth expert medical testimony to establish the applicable standard of care, any breach that occurred and any resulting injury to the plaintiff. This...

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