36-4-26.2. Patient records available to patient--Expert opinion as to care of patient--Restrictions on use of expert testimony.
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/sd/title-36/chapter-36-4/36-4-26-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 36-4-26.1 does not apply to observations made at the time of treatment by a health care professional present during the patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee, department, section, board of directors, or group covered by § 36-4-26.1 , who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient.
Notwithstanding membership on a committee, department, section, board of directors, or group covered by § 36-4-26.1 , a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by § 36-4-26.1 .