2003 House Bill 5338

Revise medical malpractice lawsuit procedures

Introduced in the House

Dec. 3, 2003

Introduced by Rep. Jim Howell (R-94)

To revise the procedures for a plaintiff's affidavit of merit and a defendant's affidavit of meritorious defense in a medical malpractice case. 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. Under the bill, either party would be allowed to request an affidavit of merit from the opposing party.

Referred to the Committee on Judiciary

June 3, 2004

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

July 6, 2004

Substitute offered

To replace the previous version of the bill with one that allows a plaintiff to amend an affidavit of merit to correct a "formal defect," and establish timetables and procedures for challenging the amendment.

The substitute passed by voice vote

Amendment offered by Rep. Jim Howell (R-94)

To revise the definition of a "formal defect" in an affidavit of merit.

The amendment passed by voice vote

Passed in the House 58 to 37 (details)

To allow a plaintiff in a medical malpractice lawsuit to amend the affidavit of merit to correct a "formal defect," and establish timetables and procedures for challenging the amendment. The affidavit of merit is required in malpractice suits, and certifies that a qualified health professional has reviewed the records of the case and believes it has merit. See also House Bill 5905.

Received in the Senate

Aug. 4, 2004

Referred to the Committee on Commerce and Labor