Medical Criteria Statute

A medical criteria statute is a state law that requires a person bringing a nonmalignant asbestos claim, and in some states a lung cancer claim, to show specific medical evidence of physical impairment before the case can go forward. Cases that do not meet the criteria are usually set aside rather than dismissed for good.

Origin

Several states, including Ohio, Texas, Georgia and Florida, passed these laws in the mid-2000s in response to large numbers of claims filed by people with little or no impairment, many found through mass screenings. The laws vary in what tests, doctors' reports and thresholds they require.

Significance in Asbestos Context

These laws mostly affect people with asbestosis or pleural disease, who may have to show breathing test results below set levels, a qualifying chest X-ray or CT reading, and a report from a qualified physician who examined them. Mesothelioma claims are generally exempt from the impairment requirements. Claims that do not meet the criteria can often be placed on an inactive docket and revived if the disease worsens, with the statute of limitations paused in the meantime, though the details vary by state. The statutes apply to lawsuits; asbestos trusts use their own medical criteria, which differ from the state laws. A lawyer will need to check the rules in the state where a case would be filed.

Example Sentence

Because his breathing tests did not yet meet the state's medical criteria statute, his asbestosis case was moved to the inactive docket.

Related Terms

Medical Criteria, Inactive Docket, Unimpaired Claimant, Pulmonary Function Test (PFT), ILO Classification, Asbestosis

Notes

• Keep copies of all breathing tests, X-rays, CT scans and doctors' reports.
• If your symptoms worsen, tell your lawyer; new test results may change whether a case can proceed.