This bill amends the existing law regarding medical malpractice claims, specifically focusing on the requirements for expert witness certificate of merit affidavits. It mandates that in any personal injury or wrongful death action against a healthcare provider, the plaintiff must serve a certificate of merit affidavit for each expert witness within sixty days of the defendant's answer. The affidavit must be signed by each expert and must include statements regarding the expert's familiarity with the standard of care, the breach of that standard by the healthcare provider, and the causation linking the breach to the injury or death.

Additionally, the bill introduces a new provision that establishes timelines for challenging the validity of these certificates. A motion contesting whether a certificate was signed under oath must be filed within sixty days of its submission, while any other challenges must occur at least sixty days before the trial. The bill also restricts parties from withdrawing and refiling certificates of merit, except to correct missing signatures, and prohibits voluntary dismissal and refiling of the action. These changes aim to streamline the process and ensure that claims are substantiated by expert testimony from the outset.

Statutes affected:
Introduced: 147.140