Med-Mal Law Requiring Affidavit Conflicts with State Rules of Procedure, Arkansas Supreme Court Says

Lawyers USAApril 10, 2007

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Summary


A state law requiring medical malpractice plaintiffs to file an affidavit of merit within 30 days of their complaint is unenforceable because it conflicts with state rules, the Arkansas Supreme Court has ruled in reversing the dismissal of a plaintiff's lawsuit.

After supposedly having her tubes tied, a female patient became pregnant. A nurse practitioner diagnosed it as a normal pregnancy. A few weeks later, however, the patient became ill and was taken to a university hospital, where she was diagnosed with an ectopic pregnancy and underwent emergency surgery.

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Med-Mal Law Requiring Affidavit Conflicts with State Rules of Procedure, Arkansas Supreme Court Says

The patient then sued the doctor who claimed to have tied her tubes, th...

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