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House passes malpractice bill allowing parties to waive pre-litigation screening panel
Summary
The House approved House Bill 188, which lets parties agree to waive the pre‑litigation screening panel and allows plaintiffs to move forward if a panel hearing has not occurred within six months; the bill passed 64–0 and will go to the Senate.
Representative John L. Valentine told the House that House Bill 188 makes two principal changes to malpractice procedure: it permits parties to stipulate to bypass the pre‑litigation screening panel, and it allows a plaintiff to proceed if a panel hearing has not occurred within six months of filing.
"It allows the parties to stipulate and not use the pre‑litigation screening panel," Representative John L. Valentine said in explanation on the floor, and he described the panel as a three‑member body that issues a cause/no‑cause finding but does not bind the parties' settlement authority.
Valentine said the bill is intended to prevent strategic delay or use of the panel for discovery advantages. He explained the panel’s role and noted the change affects how claims move through the system.
There was no substantive floor debate after the explanation. The House closed voting and recorded 64 yes votes and 0 no votes; the bill passed the House and will be forwarded to the Senate for consideration.
