St. Joseph's Hospital, Inc. v. Nease

I agree with the dissent as a general matter. The legislature expressly provided in subsection (b) a single exception to the “contemporaneous filing requirement” and in subsection (c) the practical procedural device of a delay in order to accommodate the defendant. Since it has made contemporaneous filing a clear and unambiguous requirement, unquestionably governing the time when an affidavit has to be filed in this specific type of case, the fiction of relation back cannot be invoked by plaintiffs to defeat it. The legislature provided a mechanism for precluding frivolous professional…