{"data":{"id":"us-ky/krs-304.40-280","jurisdiction":"us-ky","citation":"KRS 304.40-280","heading":"Advance payment by defendant.","body":"(1) In any malpractice action against any health care provider, no payment made or\noffered by or on behalf of the health care provider to the claimant to meet the\nreasonable expenses of health care, custodial care, loss of earnings, rehabilitation\ncare, or oth er essential goods or services, shall constitute or be evidence of an\nadmission of liability on the part of such health care provider, and no such payment\nor offer shall be admissible in evidence in any such action, except after a verdict for\nthe purpose of offsetting any damages awarded.  The court shall reduce the amount\nof any judgment for damages awarded in such malpractice action by the amount of\nany advance payment made by any defendant health care provider or malpractice\ninsurer on behalf of such defendant health care provider to the claimant.\n(2) In any malpractice action where there is more than one (1) defendant health care\nprovider, and in the event an advance payment made by or on behalf of one (1) or\nmore of said defendants exceeds the respective liability of said defendant making it,\nthe court shall order any adjustment necessary to equate with its percentage liability\nthe amount which said defendant is obligated to pay, exclusive of costs.\n(3) In no case shall an advance payment in excess of any award of damages be\nrepayable by the claimant.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30085","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:58Z","sha256":"270e1ad5c219b68b6ea601b1741c2d9564abb25e0f6d0709f65476bd210952f0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.40-270","next":"us-ky/krs-304.40-290"},"notice":"GroundRules: Original legal text. Not legal advice."}