McWHORTER v. BAPTIST HEALTHCARE SYS.

2022-SC-0354-DG.

686 S.W.3d 142 (2024)

Hugh Keith McWHORTER; and Carol McWhorter, Appellants v. BAPTIST HEALTHCARE SYSTEM, INC. d/b/a Baptist Health Lexington, Appellee.

Supreme Court of Kentucky.

February 15, 2024.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: David M. Cross, Albany, Law Office of David M. Cross, Donald L. Wilkerson, III, Hoover & Associates Law Office.

COUNSEL FOR APPELLEES: Jeffery T. Barnett, Kimberly G. DeSimone, Barnett Benvenuti & Butler PLLC, Lexington.

COUNSEL FOR AMICUS CURIAE, KENTUCKY JUSTICE ASSOCIATION: Kevin C. Burke, Louisville, Jamie K. Neal, Burke Neal PLLC.

COUNSEL FOR AMICUS CURIAE, COMMONWEALTH OF KENTUCKY: Matthew F. Kuhn, Solicitor General, Jenna M. Lorence, Assistant Solicitor General.


Keith McWhorter and his wife, Carol, filed a lawsuit1 against Baptist Healthcare System, Inc., d/b/a Baptist Health Lexington (BHL). BHL filed a motion to dismiss arguing that the McWhorters failed to file a certificate of merit as required...

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