According to reports, Connecticut state lawmakers have approved legislation that they hope will correct a mistake in the medical malpractice law which has prohibited legitimate claims from being heard in court. Reportedly, the current regulations require that individuals who are contemplating filing a lawsuit against a health care provider, must first obtain an opinion from a “similar” provider who agrees with their allegations of malpractice. Allegedly, if they are unable to present this evidence into court records, judges have the option of dismissing the claim before all the facts are presented. Reportedly, legal professionals argue that this “opinion” ruling has been found to be unconstitutional in other states and restricts access of our legal system to those who can afford an attorney.
It has been reported, that the Judiciary Committee has ratified legislation which would alter the wording from “similar health care providers” to “qualified health care providers” when requesting this second opinion. It allegedly, also affords the plaintiff 60 days to correct any areas of concern over the opinion, following a court order to do so. According to the report, the bill will now be passed on to the Senate for their decision.
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