Tort reform news

The Arkansas Supreme Court denied a petition for rehearing today in Summerville v. Thrower, which challenged the 2003 law requiring an expert affidavit to accompany a medical malpractice suit (codified at Ark. Code Ann. § 16-114-209). The statute requires that the affidavit be filed within 30 days of the initial filing of the Complaint.

The Supreme Court delivered an opinion in March (again, J. Brown writing) stating that the statute conflicts with Rule 3 of the Arkansas Rules of Civil Procedure regarding the commencement of litigation. Today's denial sends the case back to circuit court with respect to that court's ruling as to the 30-day dismissal.