Arkansas Lawmaker Files Tort Reform Ballot Measure

January 18, 2013

An Arkansas lawmaker is proposing a constitutional amendment to require those who file lawsuits found to be “frivolous” to pay court costs and to place restrictions on experts who can testify at medical malpractice cases.

Republican Sen. Jeremy Hutchinson on Wednesday filed the proposal that he says is in response to a state Supreme Court ruling last year.

Justices in the Supreme Court ruling tossed out part of a 2003 law that specified who could be considered an expert in medical malpractice cases.

Hutchinson’s proposal would require expert witnesses to be trained in the same specialty as the defendant. It would also require those who file a lawsuit that is found to be frivolous to pay up to $10,000 in court costs and fees to the defendant.

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