Greedy Trial Lawyer
Special, Favored, Protected No More
Category: In Your Face
In Oklahoma, doctors aren't so special anymore.
Special Malpractice Statute Unconstitutional
Monica Belinda Zeier brought a malpractice suit against Zimmer, Inc. and Theron S. Nichols, M.D., asserting that the doctor installed the wrong and defective replacement parts manufactured by Zimmer during her knee replacement surgery. Ms. Zeier failed to attach an affidavit of medical negligence signed by a physician to her complaint as required by Oklahoma law prior to the commencement of a lawsuit. Her case was dismissed. She challenged the decision by the trial court, asserting that the state law was unconstitutional in that it violated a provision in the Oklahoma state constitution prohibiting "special" statutes. In Zwier v. Zimmer, Inc., and Theron S. Nichols, M.D., 2006 WL 3717904, the Oklahoma Supreme Court agreed.The defendants argued that a statute covering all health care providers is a general rather than a special law. The Supreme Court disagreed.
The affidavit of merit requirement immediately divides tort victims alleging negligence into two classes-those who pursue a clause of action in negligence generally and those who name medical professionals as defendants.
When treating doctors start providing affidavits of merit to patients as they make a diagnosis or start a treatment it may be fair to require patients to do the same in medical malpractice lawsuits.
Trackback Pings
TrackBack URL for this entry:
http://www.greedytriallawyer.com/admin/mt-tb.cgi/467