Relating to medical malpractice claims, including expert witness certificate of merit affidavits

This bill relates to expert witness certificate of merit affidavits in medical malpractice claims. A certificate of merit affidavit is a sworn statement from a medical expert that a claim for personal injury or wrongful death against a health care provider has merit. In an action for personal injury or wrongful death against a health care provider based upon alleged negligence in the practice of that profession or in patient care, the bill requires the plaintiff, within 60 days of the defendant’s answer, to serve upon the defendant a certificate of merit affidavit for each expert witness who will testify with respect to the issues of standard of care, breach of standard of care, and causation. A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness the expert witness’s statement of familiarity with the applicable standard of care; statement that the standard of care was breached by the health care provider; and statement that the breach of the standard of care was the cause of the injury or death. The bill provides any motion to challenge whether a certificate of merit was signed under oath must be made within 60 days from the date the certificate of merit was filed. Any other motion to challenge a certificate of merit must be made at least 60 days before trial. A party may not withdraw and refile a certificate of merit unless it is to provide the missing expert witness’s signature or a notary signature. A party is also not allowed to voluntarily dismiss the action and refile it.