Arkansas court weighs in on medical malpractice law
By The Associated Press
This article was published January 19, 2012 at 1:21 p.m.
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LITTLE ROCK — The Arkansas Supreme Court has thrown out part of a law that specifies what kind of doctors can testify as experts in medical malpractice cases.
The state’s highest court ruled Thursday that a requirement that says expert testimony has to come from “medical care providers of the same specialty as the defendant” violates the separation of powers doctrine.
Their decision comes in the case of Teresa Broussard, who says she was injured during a procedure at a Fort Smith hospital.
The defendants argued that Broussard’s expert witness couldn’t testify as to whether her doctors met the standard of care because he wasn’t the same specialty as them.
Broussard’s attorney, Gerry Schulze, disagreed and asked the court to throw out that requirement.
The doctors’ lawyer didn’t immediately return a message Thursday.
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Relic58 says... January 19, 2012 at 4:22 p.m.
FYI: Mr. Schulze has a blog posting "Civil Justice Reform Act Challenge--Update" on a dot com site listed as gerryschulze, if a reader were interested in following this.
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