2004 House Bill 5905

House Roll Call 671: Passed

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.

66 Yeas / 31 Nays
Democrat (42 Yeas / 2 Nays)
Republican (24 Yeas / 29 Nays)
Excused or Not Voting (12)