Measure would allow more time for malpractice affidavits

CARSON CITY -- A bill giving patients a time cushion to file an expert witness affidavit required for medical malpractice lawsuits was touted by backers Thursday as an issue of fairness and opposed by medical groups as undermining the spirit of an initiative passed by voters to cap malpractice awards and reduce frivolous litigation.

Existing law requires dismissal of a malpractice lawsuit if the lawsuit does not include an affidavit from a medical expert supporting the allegations.

Assemblyman Tick Segerblom, D-Las Vegas, the primary sponsor of AB149, said the bill would give plaintiffs 45 days from the time the lawsuit is filed to include the affidavit under certain circumstances.

But witnesses at Thursday's hearing before the Assembly Judiciary Committee said sometimes the affidavit becomes separated from the lawsuit, or cannot be obtained within the one-year statute of limitations to file such actions.

No action was taken .