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SB892

Medical malpractice; certification of expert witness, written opinion.

Status:
Enacted

Chief Patron:
Glen Sturtevant (R)

Session:
2025 Regular Session

Summary

As Passed House of Origin. Medical malpractice; certification of expert witness; written opinion.

Provides that at the time of service of process of every complaint, counter claim, third party claim, or warrant in debt in a medical malpractice action or every complaint, counter claim, or third party claim in an action for wrongful death against a health care provider, the plaintiff shall be deemed to have obtained a written opinion signed by an expert witness stating that the defendant in the action deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed. The bill provides that a plaintiff may have separate certifications for standard of care and causation. The bill also requires a plaintiff to certify to the defendant upon whom service of process has been requested to certify within 21 days of the defendant's answer being filed that such plaintiff obtained the necessary expert opinion at the time service was requested or affirming that such plaintiff did not need to obtain a certifying expert witness opinion in accordance with relevant law. (Less)
  • Bill History

  • 01/04/2025 - Senate: Prefiled and ordered printed; Offered 01-08-2025 25102120D
  • 01/04/2025 - Senate: Referred to Committee for Courts of Justice
  • 01/15/2025 - Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 01/15/2025 - Senate: Committee substitute printed 25105058D-S1
  • 01/17/2025 - Senate: Rules suspended
  • 01/17/2025 - Senate: Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
  • 01/17/2025 - Senate: Passed by for the day
  • 01/20/2025 - Senate: Read second time
  • 01/20/2025 - Senate: Reading of substitute waived
  • 01/20/2025 - Senate: Courts of Justice Substitute agreed to
  • 01/20/2025 - Senate: Engrossed by Senate - committee substitute
  • 01/21/2025 - Senate: Read third time and passed Senate (40-Y 0-N)
  • 02/05/2025 - House: Placed on Calendar
  • 02/05/2025 - House: Read first time
  • 02/05/2025 - House: Referred to Committee for Courts of Justice
  • 02/07/2025 - House: Assigned Courts sub: Civil
  • 02/07/2025 - House: Placed on Courts of Justice Agenda
  • 02/10/2025 - House: Subcommittee recommends reporting (8-Y 0-N)
  • 02/13/2025 - House: Placed on Courts of Justice Agenda
  • 02/14/2025 - House: Reported from Courts of Justice (21-Y 0-N)
  • 02/18/2025 - House: Read second time
  • 02/19/2025 - House: Moved from Uncontested Calendar to Regular Calendar
  • 02/19/2025 - House: Read third time
  • 02/19/2025 - House: Passed House (91-Y 4-N)
  • 03/07/2025 - Senate: Enrolled
  • 03/07/2025 - Senate: Bill text as passed Senate and House (SB892ER)
  • 03/07/2025 - House: Signed by Speaker
  • 03/10/2025 - Senate: Signed by President
  • 03/11/2025 - Senate: Enrolled Bill Communicated to Governor on March 11, 2025
  • 03/11/2025 - Governor's Action Deadline 11:59 p.m., March 24, 2025
  • 03/21/2025 - Approved by Governor-Chapter 359 (Effective 07/01/25)
  • 03/21/2025 - Acts of Assembly Chapter text (CHAP0359)