2003 House Bill 5338 (Revise medical malpractice lawsuit procedures) (House Roll Call 670)
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. [History, Amendments & Comments]
The vote was 58 in favor, 37 opposed, and 14 not voting
(House Roll Call 670 at House Journal 64)
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The following legislators supported 2003 House Bill 5338 (Revise medical malpractice lawsuit procedures):
The following legislators opposed 2003 House Bill 5338 (Revise medical malpractice lawsuit procedures):
The following legislators did not vote on 2003 House Bill 5338 (Revise medical malpractice lawsuit procedures):
| Bradstreet (R) | Casperson (R) | DeRossett (R) | Ehardt (R) | Hager (R) | Johnson, Ruth (R) |
| McConico (D) | Middaugh (R) | Minore (D) | Palmer (R) | Rivet (D) | Shackleton (R) |
| Smith (D) | Woronchak (R) |
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."
Reply
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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