2003 House Bill 5338 (Revise medical malpractice lawsuit procedures)

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Introduced by Rep. Jim Howell (R) on December 3, 2003, 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 House Judiciary Committee on December 3, 2003.
- Reported in the House on June 3, 2004, with the recommendation that the substitute (H-4) be adopted and that the bill then pass.
- Substitute offered in the House on July 6, 2004, 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 in the House by voice vote on July 6, 2004.
- Amendment offered by Rep. Jim Howell (R) on July 6, 2004, to revise the definition of a "formal defect" in an affidavit of merit. The amendment passed in the House by voice vote on July 6, 2004.
Passed in the House (58 to 37) on July 6, 2004, 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. [Vote Details and Comments]
Received in the Senate on August 4, 2004.
- Referred to the Senate Commerce and Labor Committee on August 4, 2004.

Most Recent Comments

1) Rep. Law's "no vote explanation" [by Admin003 on July 8, 2004]
Rep. Law, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 5338 and HB 5905, not because they are bad bills but to call attention to the Medical Community's continued insecurities about potential unintended consequences of the bills. These bills are intended to accomplish technical corrections in judicial interpretation which have been injurious to both plaintiffs and defendant physicians and patients alike. I hope that we will see cooperation between all the various interests in the future as these and other adjustments to the law are implemented to protect the interests of both patients and the medical community."

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2) 2003 House Bill 5338 (Revise medical malpractice lawsuit procedures) [by admin on January 1, 2001]
Introduced in the House on December 3, 2003, 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

The vote was 58 in favor, 37 opposed and 14 not voting

(House Roll Call 670 at House Journal 64)

Click here to view bill details.
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