No Medical Malpractice Sans Affidavit Of Merit: Court

Law360, New York (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...
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