We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

No Medical Malpractice Sans Affidavit Of Merit: Court

Law360 (October 23, 2008, 12:00 AM EDT) -- When a plaintiff files a medical malpractice complaint in Ohio without simultaneously filing an “affidavit of merit” signed by a qualified medical expert, the defendant is entitled to have the case dismissed for failure to state a claim for which relief can be granted under federal rule of procedure 12(B)(6), the state's high court has ruled.

But the dismissal is without prejudice and the plaintiff may refile the complaint, the Supreme Court of Ohio said in an opinion handed down on Thursday, reversing a state court...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.