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A unanimous Supreme Court ruling eliminated state affidavit of merit requirements for medical malpractice cases filed in federal court. The decision strips a key procedural shield in 28 states and opens faster access to discovery for plaintiffs suing physicians.
Why It Matters
- Plaintiffs in 28 states can now bypass the expert affidavit requirement before filing a malpractice claim in federal court.
- Cases that would have been dismissed at the pleading stage can now proceed directly to discovery, even when claims are weak.
- Medical records face earlier and more intensive scrutiny, raising legal exposure for routine encounters and incomplete documentation.
- The ruling shifts litigation costs to earlier stages and may affect existing malpractice insurance terms and consent-to-settle clauses.
What to Watch
- Document every encounter thoroughly, including risk discussions, clinical rationales, and adherence to practice guidelines.
- Review your malpractice policy now, focusing on the consent-to-settle clause for nuisance suits.
- Prepare for more diversity-jurisdiction filings, especially from out-of-state or traveling patients.
- Track whether your state’s affidavit rule still applies to cases filed in state court.
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