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Black's Law Dictionary states that medical neglect is the failure to provide
medical, dental, or psychiatric care that is necessary to prevent or to treat
serious physical or emotional injury or illness.

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Finding tool for KY Practice?

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How is medical negligence defined in Kentucky law? 

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How is medical negligence defined in Kentucky law? 

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The Kentucky Practice 2d provides several cases describing medical negligence in the index, however, section 10:17 offers The Standard of Care in Professional Negligence Cases-Medical Negligence. Section 10:17 explains that the leading case is Blair v. Eblen 461 S.W.2d 370 when discussing medical malpractice in Kentucky. "It held that the proper standard of care should not be established by the courts, but rather the medical community itself."

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How do you update your findings in the KY Practice?

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The Southwestern Reporter 2d on page 370 offers Clarence BLAIR, Appellant, v. Kenneth EBLEN, Appellee Court of Appeals of Kentucky. Dec. 18, 1970. In Blair v. Eblin, Judge Reed stated in their opinion, "It is our conclusion that the jury should be instructed that the defendant was under a duty to use that degree of care and skill which is expected of a reasonably competent practitioner in the same class to which he belongs acting in the same or similar circumstances." All judges concurred excluding Judge Palmore, who was not sitting.

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You should use the KY Digest as an option to find newer and more relevant cases. You should not rely solely on the KY Practice for this.

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Starting at the most recent edition/soft cover of Shepard's Southwestern Reporter Citations, 461 S.W.2d 370 Blair v. Eblin can be found in volume two part four on page 396. Finding Blair v. Eblin in Shepard's, it can be seen that the judgment provided by the Kentucky Court of Appeals in Blair v. Eblin is still good law in Kentucky.