The Oklahoma Supreme Court recently threw out an affidavit requirement in medical malpractice lawsuits. The affidavit required had to be from an expert witness stating that the case was valid. The OK Supreme Court noted in its opinion that the requirement, applicable only to medical malpractice lawsuits, violated the State’s Constitution. The Court stated that the law “immediately divides toward victims alleging negligence into two classes: those who pursue a cause of action in negligence generally and those who name medical professionals as defendants.” Additionally, the law created an unconstitutional monetary barrier to court access, having the effect of producing a substantial and disproportionate reduction in the number of claims filed by low-income plaintiffs. Furthermore, the Court noted “Tort reform statutes aimed at curbing medical malpractice legislation generally have not led to reduced malpractice insurance rates for doctors.” Finally, a Court sees the truth behind the false claims “tort reform” advocates make!
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