House Bill 221

Chair's Name: Wendell Willard

Committee: Judiciary

House Sponsor: John Heard

HB 221 changes the affidavit requirements in professional malpractice cases. Currently, the statute requires an expert affidavit for actions against a professional, but not in professional malpractice actions against business entities. This bill extends the affidavit requirements to actions against businesses, while also inserting new provisions for situations where there are time constraints created by a statute of limitation.

The committee substitute received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor under the Modified Structured Rule. 

Chairman Willard�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

HB221 deals with the professional malpractice affidavit requirement.  A loophole existed that allowed a professional�s employer to be sued without an affidavit.  This legislation requires an affidavit for a lawsuit against the professional entity.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Concern by professionals that this loophole would be exploited. 

THIS LEGISLATION:

• Reduces the Tax Burden on our Citizens

This bill will reduce frivolous litigation