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Arkansas Supreme Court strikes down med-mal affidavit requirement.

Publication: Trial
Publication Date: 01-AUG-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Arkansas Supreme Court has ruled that a state law requiring medical malpractice plaintiffs to file affidavits supporting the validity of their claims is unconstitutional. Reversing the lower court's dismissal of a lawsuit, the high court found that the law conflicts with state rules of civil procedure and allowed the case to go forward. (Summerville v. Thrower, 2007 WL 766319 (Ark. Mar. 15, 2007).)

The state law, passed in 2003, mandates that "reasonable cause for filing any action for medical injury due to negligence shall be established only by the filing of an affidavit that shall be signed by an expert engaged in the same type of medical care as is each medical care provider defendant." The affidavit...

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