The United States Law Week

Federal Procedure Supplants Ohio’s Medical Suit Pleading Rule

Nov. 8, 2019, 3:11 PM

An Ohio rule that requires medical malpractice plaintiffs to include an expert’s declaration that their claims have merit in their opening pleadings doesn’t apply in cases filed in federal court because it conflicts with federal pleading rules, the Sixth Circuit said.

Federal courts have been split on whether state heightened pleading rules apply in the rare medical malpractice case filed pursuant to diversity or federal question jurisdiction. Such rules have been held to be substantive in nature, and thus applicable in federal court. But courts have taken note of the conflict with federal procedural rules.

The Seventh Circuit recently proposed...

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