Title V, SEC. 5303. REQUIREMENT FOR CERTIFICATE OF MERIT. 
      (a) Requiring Submission With Complaint. No medical malpractice liability 
    action may be brought by any individual unless, at the time the individual 
    brings the action (except as provided in subsection (b)(2)), the individual 
    submits an affidavit 

        (1) declaring that the individual (or the individual's attorney) has 
      consulted and reviewed the facts of the action with a qualified medical 
      specialist (as defined in subsection (c)); 

        (2) including a written report by a qualified medical specialist that 
      clearly identifies the individual and that includes the medical 
      specialist's determination that, after a review of the medical record and 
      other relevant material, there is a reasonable and meritorious cause for 
      the filing of the action against the defendant; and 

        (3) on the basis of the qualified medical specialist's review and 
      consultation, that the individual (or the individual's attorney) has 
      concluded that there is a reasonable and meritorious cause for the filing 
      of the action. 

      (b) Extension in Certain Instances. 

        (1) In general. Subject to paragraph (2), subsection (a) shall not 
      apply with respect to an individual who brings a medical malpractice 
      liability action without submitting an affidavit described in such 
      subsection if 

          (A) the individual is unable to obtain the affidavit before the 
        expiration of the applicable statute of limitations; or 

          (B) at the time the individual brings the action, the individual has 
        been unable to obtain medical records or other information necessary to 
        prepare the affidavit requested pursuant to any applicable law. 

        (2) Deadline for submission where extension applies. In the case of an 
      individual who brings an action for which paragraph (1) applies, the 
      action shall be dismissed unless the individual submits the affidavit 
      described in subsection (a) not later than 

          (A) in the case of an action for which subparagraph (A) of paragraph 
        (1) applies, 90 days after bringing the action; or 

          (B) in the case of an action for which subparagraph (B) of paragraph 
        (1) applies, 90 days after obtaining the information described in such 
        subparagraph. 

      (c) Qualified Medical Specialist Defined. In subsection (a), a 
    ``qualified medical specialist'' means, with respect to a defendant to a 
    medical malpractice liability action, a health care professional who 

        (1) is knowledgeable of, and has expertise in, the same specialty area 
      of medical practice that is the subject of the action; and 

        (2) is reasonably believed by the individual bringing the action (or 
      the individual's attorney) 

          (A) to be knowledgeable in the relevant issues involved in the 
        particular action, 

          (B) to practice (or to have practiced within the preceding 6 years) 
        or to teach (or to have taught within the preceding 6 years) in the 
        same area of health care or medicine that is at issue in the action, 
        and 

          (C) to be qualified by experience or demonstrated competence in the 
        subject of the case. 

      (d) Sanctions for Submitting False Allegations. Upon the motion of any 
    party or its own initiative, the court in a medical malpractice liability 
    action may impose a sanction on a party or the party's attorney (or both), 
    including a requirement that the party reimburse the other party to the 
    action for costs and reasonable attorney's fees, if any information 
    contained in an affidavit described in subsection (a) is submitted without 
    reasonable cause and is found to be untrue.