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2004 Budget Session
HB 78 would have required that a certificate of review be filed in every court action for damages or indemnity (compensation for loss) based on alleged professional negligence of a licensed or certified professional.
When a plaintiff wanted to bring a claim for negligent conduct by a professional, they would have to provide a certificate of review. The certificate would declare that they, or their attorney, had consulted a professional with demonstrable expertise in the area of the alleged negligent conduct. The certificate would declare that the consulted professional had reviewed known information relevant to the alleged negligent conduct and concluded that the claim had substantial justification, was not substantially groundless or vexatious, and was not brought in bad faith.
The certificate of review would have to state that the consulted professional could demonstrate by competent evidence that the professional has training, education, knowledge and experience to support the competency of his or her opinion about the alleged negligent conduct.
The court could require that the identity of the consulted professional be disclosed to the court, and could verify the content of the certificate of review.
If a certificate of review was not filed, the complaint could be dismissed from court.
The provisions of HB 78 specifically did not apply to proceedings in small claims court.
HB 78 passed the House vote for introduction, 56-2 (1 excused), with Representatives George Bagby (D-H15, Rawlins) and Mick Powers (R-H18, Lyman) casting the only votes against introduction. It unanimously passed the House Judiciary Committee.
The full House accepted an amendment proposed by the Judiciary Committee, to specify that if the court action was against a health care provider, then the consulted professional in the certificate of review would have to also be a licensed health care provider who had experience with the disease or injury in question and was familiar with standards of care and practice related to the alleged negligent conduct.
The House amendment also modified HB 78 to state that, absent a showing of good cause, the failure to file a certificate of review would definitely result in dismissal of the claim.
Supporters of HB 78 believed it would reduce the number of frivolous lawsuits alleging professional negligent conduct. In the debate over medical malpractice insurance costs, some supporters of tort reform believed that frivolous lawsuits are one factor that contributes to increased malpractice insurance rates, and the certificate of review required by HB 78 could help alleviate the problem of high medical malpractice insurance rates.
HB 78 did not encounter serious opposition in the House, although some legislators did not believe we have a significant problem with excessive numbers of frivolous lawsuits in Wyoming. Some legislators appeared to want nothing short of full tort reform (either limiting the amount of damages citizens could receive, or limiting citizens ability to sue for damages at all), and did not seem interested in partial solutions such as the certificate of review proposed in HB 78.
The House passed HB 78 unanimously, although 12 representatives were excused on the day the third reading vote was taken.
HB 78 was sent to the Senate Judiciary Committee several days before the deadline for final committee action on bills. The Chair of the Senate Judiciary Committee, Senator John Hanes (R-S5, Cheyenne) never scheduled the bill for a committee hearing or a vote, so the bill died there.