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2004 House Bill 5905: Revise medical malpractice suit procedures
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- Introduced by Rep. Jim Howell (R) on May 13, 2004, 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 House Judiciary Committee on May 13, 2004.
- Reported in the House on June 3, 2004, with the recommendation that the substitute (H-3) 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 gives a defendant an additional 21 days in which to file the affidavit of meritorious defense. 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 correct a technical reference in a provision contained in the bill. The amendment 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 66 to 31 in the House on July 6, 2004, 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.
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.
Most Recent Comments
1) Rep. Law's "no vote explanation" by Admin003 on July 8, 2004Rep. 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."
Reply
Introduced in the House on May 13, 2004, 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
The vote was 66 in favor, 31 opposed and 12 not voting
(House Roll Call 671 at House Journal 64)
Click here to view bill details.
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