Bill Text: MS SB2172 | 2013 | Regular Session | Engrossed

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Bill Title: Certificate of merit; require for filing of negligence suits against licensed professionals.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-03-05 - Died In Committee [SB2172 Detail]

Download: Mississippi-2013-SB2172-Engrossed.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Business and Financial Institutions

By: Senator(s) Jackson (15th)

Senate Bill 2172

(As Passed the Senate)

AN ACT TO REQUIRE THE CONTEMPORANEOUS FILING OF A CERTIFICATE OF MERIT AS A CONDITION OF FILING ANY ACTION FOR DAMAGES ALLEGING PROFESSIONAL NEGLIGENCE BY ANY PROFESSIONAL LICENSED OR REGISTERED IN GOOD STANDING IN THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  For the purposes of this section, "licensed or registered professional" means any professional licensed or registered in good standing in the State of Mississippi.

     (2)  (a)  In any action for damages alleging professional negligence by a licensed or registered professional, the plaintiff shall be required to file within one hundred twenty (120) days from the date of filing the complaint an affidavit of a third-party licensed or registered professional competent to testify and possessing expertise in the same area of practice as the defendant, which affidavit shall attest that there is a reasonable basis in law and fact for the allegations of professional negligence.

          (b)  The filing requirement of paragraph (a) shall not apply to any case in which the plaintiff and defendant have agreed in writing to extend the time to supplement the pleadings with the affidavit, or to any case in which the trial court has, on motion, after hearing and for good cause, extended such time as it shall determine justice requires.

     (c)  The defendant shall not be required to file an answer to the complaint and affidavit until thirty (30) days after the filing of such affidavit.

     (d)  The plaintiff's failure to file the affidavit in accordance with paragraph (a) or (b) of this subsection may result in dismissal with prejudice of the complaint of negligence against the defendant.

     (e)  This section shall not be construed to extend any applicable period of limitation or repose.

SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.