Proposed Bill
Title: Medical Malpractice Litigation Reform Act
Section 1. Short Title.
This Act shall be known and may be cited as the “Medical Malpractice Litigation Reform Act.”
Section 2. Purpose.
The purpose of this Act is to deter the repeated filing of unmeritorious medical malpractice lawsuits that increase healthcare costs, burden the judicial system, and unjustly harm licensed healthcare providers.
Section 3. Definitions.
(a) “Medical malpractice action” means any civil action filed in any court of this state alleging personal injury or wrongful death arising from the provision of or failure to provide medical care, treatment, or diagnosis by a licensed healthcare provider.
(b) “Plaintiff's attorney” means an attorney who has filed one or more medical malpractice actions on behalf of a claimant or plaintiff.
(c) “Vexatious medical malpractice litigator” means any plaintiff’s attorney who, within a five-year period, has:
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(1) Filed two or more medical malpractice actions in which final judgment was entered in favor of any defendant due to dismissal on the merits, directed verdict, or jury verdict; or if any defendant was dropped or dismissed from the claim, and
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(2) Failed to present prima facie objective evidence of medical negligence supported by expert certification as required by applicable law.
Section 4. Judicial Review Required for Further Actions.
(a) Any plaintiff’s attorney designated as a vexatious medical malpractice litigator shall be prohibited from filing any new medical malpractice action in any court of this state unless the attorney first obtains leave of court.
(b) The court shall deny leave to file unless the plaintiff’s attorney submits, under oath:
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(1) A verified statement of facts establishing a good-faith basis for the action;
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(2) A written certification by a court appointed, neutral medical expert board certified in the same specialty as the defendant, stating under penalty of perjury that the claim has merit;
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(3) A summary of prior medical malpractice filings by the attorney within the preceding five years.
(c) The reviewing judge may, after consideration of the materials submitted, grant or deny leave to file the new action. The judge’s decision shall be final and not subject to appeal.
Section 5. Reporting and Recordkeeping.
(a) The state bar or appropriate disciplinary authority shall maintain a public registry of attorneys designated as vexatious medical malpractice litigators under this Act. This registry will also list all failed medical malpractice plaintiffs, and plaintiff experts.
(b) Upon a second qualifying judgment under Section 3(c), the court clerk shall notify the state bar and enter the designation into the registry.
Section 6. Penalties for Violation.
Any plaintiff’s attorney who knowingly files or causes to be filed a medical malpractice action in violation of Section 4 shall be subject to:
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(1) Dismissal of the action with prejudice;
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(2) Court-imposed sanctions up to $10,000;
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(3) Referral to the state disciplinary board for review. Upon filing of a third failed medical malpractice case, the revocation of the law license shall be mandatory, for 3 years, and until the licensee has shown proof of passing 60 hours of continuing legal education on medical malpractice practice.
Section 7. Severability.
If any provision of this Act is held invalid, the remainder shall not be affected.
Section 8. Effective Date.
This Act shall take effect on January 1 of the year following enactment.
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