What makes a medical witness an expert in the court’s eye
Credentialing Resource Center Connection, August 5, 2010
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Although the Supreme Court of Missouri ruled that practitioners from different specialties can provide testimony if they perform the same procedure in Spradling v. SSM Health Care St. Louis, that’s not always the way courts see it.
Take, for example, the case Woodard v. Custer, M.D.; Lipscomb, M.D. et al. v. University of Michigan Medical Center; and Shirley Hamilton et al., v. Killligowski, D.O., 719 NW 2d 842 (Mich. 2006). The Michigan Supreme Court ruled that expert witnesses should practice the same specialty and subspecialty as the person about whom the witness is testifying. (Access the entire ruling at http://courts.michigan.gov/supremecourt/).
In the case, the court ruled that a board certified pediatrician wasn’t qualified to testify about a physician board certified in pediatrics critical care medicine.
It’s a different take on the qualifications of an expert and a reminder to medical staffs that case law can vary greatly depending on the state in which the case is held.
Learn more about this issue in the September issue of the Credentialing and Peer Review Legal Insider, available online at www.HCPro.com in mid-August.
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