AAOS Report - May, 2006

AAOS files amicus curiae brief in Ohio medical liability case

The American Association of Orthopaedic Surgeons (AAOS) joined the Ohio State Medical Association and the American Medical Association in filing an amicus curiae brief in Banfield v. Brodell in the Ohio appellate court. The appeal concerns whether an “Affidavit of Merit” from a qualified expert physician is required when a lawsuit alleging medical negligence is filed.

In this case, a patient alleged her surgeon was negligent but did not attach the Affidavit of Merit despite its being required under Ohio law. The trial court initially dismissed the lawsuit but subsequently reversed itself by stating that the Affidavit of Merit was unnecessary.

AAOS has taken the position that legislation should be enacted requiring a physician’s affidavit certifying a claim has merit before it is filed, and that there should be no exceptions to this requirement. See the “AAOS Position Statement on Professional Liability: Tort Reform.” For more information, visit the Ohio State Medical Association web site.

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