AHA files brief in Supreme Court defending states’ affidavit of merit requirements in federal court

The AHA Aug. 7 filed an amicus brief in the Supreme Court in defense of states' affidavit of merit requirements in federal court, which require plaintiffs to file a report from a health care provider affirming that a medical malpractice claim has merit before the case can proceed. The Supreme Court is considering the issue after an individual's lawsuit was dismissed by a district court because the individual did not file an affidavit of merit as required under state law.

"Unfounded suits force hospitals and doctors to divert time and resources from patient care to litigation," the AHA wrote. "Affidavit of merit requirements like Delaware's are an important tool in combating frivolous lawsuits."