Despite opposition from the medical community, state law makers say they are going forward with legislation they believe will be positive for Connecticut’s medical malpractice law, according to the Insurance Journal.
Currently, plaintiffs are at risk of having their medical malpractice cases dismissed before the merits are heard if they fail to get an opinion from a “similar” provider or if the opinion doesn’t meet certain requirements.
The current medical malpractice laws were enacted in 2005 after receiving pressure from doctors who wanted to prevent frivolous lawsuits, according to the journal. Since the law took effect in 2005, the number of medical malpractice claims filed in Connecticut has dropped by 20 percent.
The Judiciary Committee approved legislation on March 21 that would change the requirements regarding who could write the opinions. The legislation would also give plaintiffs a time period of 60 days to resolve problems with the opinions after being ordered by a judge.
People in support of the bill say victims of medical malpractice shouldn’t have to face such difficult obstacles to have their cases heard in court.
Those in opposition the bill argue that the new legislation would cause medical malpractice insurance to skyrocket and would open the door to faulty opinions and more legal challenges.
Action by the Senate is required.
Source: Insurance Journal
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