SCOTUS Rules State Med Mal Affidavit of Merit Laws Don’t Apply In Federal Court
By Melinda S. Kollross
Reversing the Third Circuit Court of Appeal, the U.S. Supreme Court today unanimously ruled that a Delaware state medical malpractice statute requiring an expert affidavit of merit contravenes federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case. Berk v. Choy et al., No. 24-440.
The determinative issue is whether the statute can be considered a procedural state law that is superseded by the Federal Rules of Civil Procedure. The district court and the Third Circuit both held that Delaware’s statute can be applied in federal court. Plaintiff Berk argued that the Third Circuit’s ruling conflicts with decisions by six other circuit courts — the Second, Fourth, Fifth, Sixth, Seventh and Ninth Circuits — that have all held that similar state laws do not apply in federal court.
In an opinion by Justice Barrett, the high court noted that Rule 8 of the Federal Rules of Civil Procedure require that a plaintiff, at the outset of litigation, need only provide a statement of the claim rather than evidence.
“Unless the Federal Rules single out a claim for special treatment, Rule 8 sets a ceiling on the information that plaintiffs can be required to provide about the merits of their claims,” Justice Barrett wrote. “Delaware’s affidavit requirement is at odds with Rule 8 because it demands more: A medical malpractice suit cannot proceed ‘unless the complaint is accompanied by … an affidavit of merit.’ Under Rule 8, factual allegations are sufficient, but under the Delaware law, the plaintiff needs evidence too.”
Justice Jackson added in her concurrence: “All of these requirements [are] effectively forcing a person to prove her case before the case really gets started…If there is anything you know is a violation of the whole idea of the federal rules, that’s it.”
Melinda S. Kollross