WeVote
Log In

Bill

Bill

HSB 210

A bill for an act relating to medical malpractice claims, including expert witness certificate of merit affidavits.

2025-2026 Regular Session

Plaintiffs must file sworn expert merit affidavits in medical malpractice suits, detailing standard of care, breach, and causation; sets challenge windows and limits on refiling.

Subcommittee: Meyer, A., Lundgren and Wessel-Kroeschell.
#affidavits #medicalmalpractice #tortlaw
0
WeVote Research Nonpartisan
Bill Summary · HSB 210

Summary: HSB 210 — Medical Malpractice Expert Witness Certificate of Merit Affidavits

Overview

HSB 210 is a proposed bill introduced on February 19, 2025, and referred to Health and Human Services. The bill focuses on expert witness certificate of merit affidavits in medical malpractice claims against health care providers, aiming to require sworn affidavits from medical experts and set procedural rules around their use, challenges, and maintenance.

Purpose and intent

  • To establish explicit requirements for expert witness certificates of merit in medical malpractice actions.
  • To ensure that claims of negligence, breach of standard of care, and causation have a verified basis from a qualified medical expert prior to or during litigation.

Key provisions

  • Mandatory certificate of merit affidavits: In any action for personal injury or wrongful death arising from alleged negligence in the practice of medicine or patient care, the plaintiff must serve, within 60 days of the defendant’s answer, a certificate of merit affidavit for each expert witness who will testify on standard of care, breach, and causation.
  • Contents of the certificate: Each certificate must be signed by the expert and include:
    • The purpose for calling the expert witness (by oath).
    • The expert’s familiarity with the applicable standard of care.
    • A statement that the standard of care was breached by the health care provider.
    • A statement that the breach caused the injury or death.
  • Challenges and timing for motions:
    • A motion to challenge whether the certificate of merit was signed under oath must be filed within 60 days of the certificate’s filing.
    • Any other motion to challenge the certificate must be filed at least 60 days before trial.
  • Withdrawal/refile restrictions: A party may not withdraw and refile a certificate of merit unless the refiled certificate addresses a missing signature (expert or notary).
  • No voluntary dismissal/refile of action to circumvent the requirement: A party cannot voluntarily dismiss the action and refile the certificate of merit as a workaround.

Who is affected

  • Plaintiffs bringing medical malpractice claims against health care providers.
  • Health care providers and defense counsel facing merit affidavits and related challenges.
  • Medical experts who would be named as witnesses and whose affidavits must be sworn and signed.

Procedural and timeline aspects

  • Filing deadline for certificate of merit: within 60 days after the defendant’s answer.
  • Challenge deadlines: oath-based challenges within 60 days of filing; other challenges at least 60 days before trial.
  • Restrictions on dismissing and refiling to avoid the merit process; must ensure signatures are complete.

Legislative status

  • Introduced: February 19, 2025.
  • Subcommittee: Meyer, A., Lundgren, and Wessel-Kroeschell.
  • Initial action: Referred to Health and Human Services.

Note: The bill’s language emphasizes sworn attestations from experts regarding familiarity with the standard of care, breach, and causation, and tightens procedural avenues for challenging or modifying certificates.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.