Oklahoma Supreme Court says malpractice law unconstitutional

The Associated Press and The Oklahoman - October 25, 2017 4:20 pm

OKLAHOMA CITY (AP) – The Oklahoma Supreme Court says a state law designed to deter the filing of frivolous medical malpractice lawsuits is unconstitutional.

The Oklahoman reports that the Tuesday decision is the third time the court has struck down similar legislation. The court struck down versions of the law in 2006 and 2013.

The law requires a person filing a lawsuit to include an affidavit from an expert witness that says the claim has merit.

The court says the statute created “a costly, meaningless and arbitrary barrier to court access” and infringed on the district court’s authority.

Wes Glinsmann is the executive director of the Oklahoma State Medical Association. He says the affidavit requirement aims to prevent baseless lawsuits.

Glinsmann says the association is reviewing the ruling.

 

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