A pair of Delaware health-care providers is urging the US Supreme Court to deny review of a case presenting an alleged conflict between a state prerequisite for medical negligence lawsuits and federal pleading rules.
The case centers on whether a Delaware law requiring medical malpractice plaintiffs to submit expert affidavits attesting to the merits of their claim shortly after filing suit or face dismissal applied in a federal suit between citizens of different states. This is an “insignificant” issue “not worthy of the Court’s attention,” the providers told the justices Monday. An alleged circuit split on the question is “illusory,” ...
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