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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 by voice vote in the House 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 by voice vote in the House on July 6, 2004.
• Passed 58 to 37 in the House 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.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on August 4, 2004.
  • Referred to the Senate Commerce and Labor Committee on August 4, 2004.