A new bill regarding medical malpractice suits is actively being opposed by medical groups that hope to avoid frivolous and excessive lawsuits.
Under current law, a medical malpractice lawsuit can be dismissed if it does not include an affidavit from medical experts that supports the allegations listed within. The new bill, referred to as AB149, is sponsored by Assemblyman Tick Segerblom, D-Las Vegas, will give plaintiffs 45 days from the date of filing to include the required affidavit. This is vital as the affidavit is necessary to show that the allegations have merit to go to court.
Yet those opposed to this new measure say that sometimes the affidavit becomes separated from the lawsuit, or it simply cannot be obtained within the one-year statute of limitations. One of these voices was ophthalmologist Dr. Rudy Manthei who said that it would erode the effectiveness of the Keep Our Doctors in Nevada passed in 2004. He said that the one-year provision "allows for sufficient time for a plaintiff to find an attorney, secure medical records and a medical expert affidavit if there truly is merit to the potential claim."
If you're planning to file a medical malpractice claim, contact us to work with a North Carolina personal injury attorney.