Introduced
by
To authorize courts to allow the amendment of a medical malpractice defendant’s “affidavit of meritorious defense,” which must be sworn by an expert witness soon after the lawsuit is filed.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that gives a defendant an additional 21 days in which to file the affidavit of meritorious defense.
The substitute passed by voice vote
Amendment offered
by
To correct a technical reference in a provision contained in the bill.
The amendment passed by voice vote
Amendment offered
by
To revise the definition of a "formal defect" in an affidavit of merit.
The amendment passed by voice vote
Passed in the House 66 to 31 (details)
Allow a defendant in a medical malpractice lawsuit to file an "affidavit of meritorious defense" 91 days after the plaintiff filed the "affidavit of merit" or 112 days after receiving service of the complaint, whichever was later. This would give a defendant an additional 21 days in which to find a medical expert to review the plaintiff’s medical records and file the affidavit of meritorious defense. These affidavits are required in malpractice cases, and certify for the plaintiff that a qualified health professional has reviewed the records of the case and believes it has merit, and vice-versa for the defendant. See also House Bill 5338.
Referred to the Committee on Commerce and Labor
