Michigan Votes Forum

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.

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."