Ky. Supreme Court Allows Bifurcated Trial in Case Against Hospital

FRANKFORT, Ky. - Kentucky's Supreme Court has reinstated a trial court's bifurcation order requiring the parties to first try the question of whether the plaintiff was correctly diagnosed as suffering from aspergillosis. Jewish Hospital Healthcare Services v. Phelps, No. 2004-SC-0252-MR (Ky. Supr. Ct.).

In an unpublished opinion issued Sept. 23, the high court concluded that the Court of Appeals erred in issuing a writ of mandamus compelling a full trial on the issues because the plaintiffs had adequate remedies on appeal if the writ were denied.

Glendon and Joyce Phelps contend that Glendon developed aspergillosis and decreased lung function as …