SCS/HCS/HB 208 - This act requires a plaintiff in an action for damages in excess of $3,000 against a licensed professional based on the rendering of or failure to render professional services to file an affidavit with the court. The affidavit must state that the plaintiff has obtained the written opinion of a legally qualified professional declaring the defendant failed to use the care that a reasonably prudent and careful individual would have used under similar circumstances and that the failure to use reasonable care directly caused or contributed to the damages alleged in the petition. The affidavit must be filed no later than 90 days after the filing of the petition. If the plaintiff fails to file the affidavit, the case must be dismissed without prejudice. A "legally qualified professional" means an individual licensed in the same profession as the defendant and either actively practicing in substantially the same specialty, or within five years of retirement from the specialty, as the defendant. This act is similar to a provision in SB 385 (2005).
JIM ERTLE