Sec. 240. Limitation on expert witness testimony
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/bill/116/hr/1332/ih/section-240·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No person in a health care profession requiring licensure under the laws of a State shall be competent to testify in any court of law to establish the following facts— the recognized standard of acceptable professional practice and the specialty thereof, if any, that the defendant practices, which shall be the type of acceptable professional practice recognized in the defendant’s community or in a community similar to the defendant’s community that was in place at the time the alleged injury or wrongful action occurred; that the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with the recognized standard; and that as a proximate result of the defendant’s negligent act or omission, the claimant suffered injuries which would not otherwise have occurred, unless the person was licensed to practice, in the State or a contiguous bordering State, a profession or specialty which would make the person’s expert testimony relevant to the issues in the case and had practiced this profession or specialty in one of these States during the year preceding the date that the alleged injury or wrongful act occurred.
The requirements set forth in subsection
(a)shall also apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive the requirements in this subsection if it determines that the appropriate witnesses otherwise would not be available.