Norton Hospitals, Inc. et al. v. Peyton

2010-SC-000818-DG
Court Opinion

Joseph Effinger and Patricia Le Meur successfully defended summary judgment granted to their client, Norton Hospitals, Inc. This medical negligence case involved the removal of a newborn from its mother while they were both in the hospital based on a good faith, but erroneous, reading of a maternal blood alcohol test requested by protective services. Kentucky requires that known or suspected cases of child abuse be reported. To encourage reporting and to eliminate fears of potential lawsuits, Kentucky also provides immunity from criminal and civil prosecution where the person who reports suspected child abuse acts upon reasonable cause or in good faith. Kentucky’s Supreme Court held that the trial court had correctly applied the immunity statute in this case and reinstated the trial court’s grant of summary judgment to the hospital and treating physician.