LITTLE ROCK (Arkansas News Bureau) – A proposed constitutional amendment was filed Wednesday to address issues raised in a 2012 Arkansas Supreme Court ruling that struck down a provision of the 2003 tort reform law.
Senate Joint Resolution 2 by Sen. Jeremy Hutchinson, R-Little Rock,would require a person who files a lawsuit deemed frivolous to pay the court costs and legal fees of the defendant. The measure caps the amount at $10,000.
The measure also would require that expert witnesses in a medical malpractice lawsuit be trained in the same or similar discipline as the person on trial or have similar education and experience, and that attorneys file a "certificate of good faith" stating that they have a medical expert ready to testify that medical malpractice occurred.
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