Lawsuit Reform Bill Goes To Henry's Desk

Legislation requiring an expert opinion confirming professional negligence before a lawsuit can be filed is headed to the governor after final passage in the House today.

House Bill 2458 would require a plaintiff in a civil lawsuit for professional negligence to attach to the petition an affidavit attesting that a “reasonable interpretation of the facts supports a finding that the acts or omissions of the defendant….constituted professional negligence.”

The affidavit must state that the plaintiff has consulted a qualified expert who has reviewed the available medical records and other facts, and that the qualified expert has provided a written opinion stating that the facts support a finding that the defendant was professionally negligent.

The bill would provide for dismissal of the suit without prejudice if the affidavit is not attached to the petition and also provides for an extension of time to file the affidavit.

The legislation allows that the affidavit would not be admissible in court.

“I have shown my commitment to reducing the cost of health care in our state, and cutting down on the number of frivolous lawsuits filed against doctors is a step in that direction,” said House Speaker Chris Benge, R-Tulsa. “We want to ensure our courts are reserved for lawsuits with merit, instead of cases that drive up malpractice insurance costs for doctors, which are then passed on to patients through rate increases for services.”

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