McCollum v. Sisters of Charity of Nazareth Health Corp.

STEPHENS, Chief Justice.

The six cases before us present an attack on the constitutionality of the portion of KRS 413.140(2) that places a five-year cap on the institution of negligence or malpractice actions against physicians, surgeons, dentists, and hospitals. We hold that this part of the statute is unconstitutional as it violates the open courts provisions of the Kentucky Constitution. See Kentucky Const. §§ 14, 54, and 241.

In the first case, Richard McCollum fractured his left femur in 1970 and had two plates and some metal screws inserted in *17his leg to repair the break. In 1972, he had…