SB892: Medical malpractice; certification of expert witness, written opinion.

Legislative Summary

Medical malpractice; certification of expert witness; written opinion. Provides that at the time of service of process of every complaint, counter claim, third party claim, or warrant in debt in a medical malpractice action or every complaint, counter claim, or third party claim in an action for wrongful death against a health care provider, the plaintiff shall be deemed to have obtained a written opinion signed by an expert witness stating that the defendant in the action deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed. The bill provides that a plaintiff may have separate certifications for standard of care and causation. The bill also requires a plaintiff to certify to the defendant upon whom service of process has been requested to certify within 21 days of the defendant's answer being filed that such plaintiff obtained the necessary expert opinion at the time service was requested or affirming that such plaintiff did not need to obtain a certifying expert witness opinion in accordance with relevant law.