05 AM
14 0724
Representative
Lindsey of the 54th and Representative Willard of the 49th move to amend the
Committee substitute to SB 3 by striking all matter beginning with line 24 of
page 10 and ending with line 26 of page 11 and inserting in lieu thereof the
following:
"(c)
In any action for recovery of damages based on the death or personal injury of
any person in which it is alleged that such death or injury resulted from
medical negligence, a person may not give expert testimony concerning the
prevailing professional standard of care unless that person is a licensed health
care provider and meets the following criteria:
(1)
If the health care provider against whom or on whose behalf the testimony is
offered is a specialist, the expert witness must:
(A)
Specialize in the same specialty as the health care provider against whom or on
whose behalf the testimony is offered; or specialize in a similar specialty that
includes the evaluation, diagnosis, or treatment of the medical condition that
is the subject of the claim and have prior experience treating similar patients;
and
(B)
Have devoted over 75 percent of his or her professional time during the three
years immediately preceding the date of the occurrence that is the basis for the
action to one or more of the following:
(i)
The active clinical practice of, or consulting with respect to, the same or
similar specialty that includes the evaluation, diagnosis, or treatment of the
medical condition that is the subject of the claim and have prior experience
treating similar patients;
(ii)
The instruction of students in an accredited health professional school or
accredited residency or clinical research program in the same or similar
specialty; or
(iii)
A clinical research program that is affiliated with an accredited health
professional school or accredited residency or clinical research program in the
same or similar specialty;
(2)
If the health care provider against whom or on whose behalf the testimony is
offered is a general practitioner, the expert witness must have devoted over 75
percent of his or her professional time during the five years immediately
preceding the date of the occurrence that is the basis for the action
to:
(A)
The active clinical practice of or consultation as a general
practitioner;
(B)
The instruction of students in an accredited health professional school or
accredited residency program in the general practice of medicine;
or
(C)
A clinical research program that is affiliated with an accredited medical school
or teaching hospital and that is in the general practice of medicine;
or
(3)
If the health care provider against whom or on whose behalf the testimony is
offered is a health care provider other than a specialist or a general
practitioner, the expert witness must have devoted 75 percent of his or her
professional time during the three years immediately preceding the date of the
occurrence that is the basis for the action to:
(A)
The active clinical practice of, or consulting with respect to, the same or
similar health profession as the health care provider against whom or on whose
behalf the testimony is offered;
(B)
The instruction of students in an accredited health professional school or
accredited residency program in the same or similar health profession in which
the health care provider against whom or on whose behalf the testimony is
offered; or
(C)
A clinical research program that is affiliated with an accredited medical school
or teaching hospital and that is in the same or similar health profession as the
health care provider against whom or on whose behalf the testimony is
offered.
A
specialist trained in the evaluation, treatment, or diagnosis of a condition
shall be considered as practicing in a similar specialty or similar health
provision as a health care provider who treated that condition when that
condition was not within the area of his or her specialty.
(d)
A physician who qualifies as an expert witness under Code Section 51-13-3 and
who, by reason of active clinical practice or instruction of students, has
knowledge of the applicable standard of care for nurses, nurse practitioners,
certified registered nurse anesthetists, certified registered nurse midwives,
physician assistants, or other medical support staff may give expert testimony
in a medical negligence action with respect to the standard of care of such
medical support staff.
(e)
Notwithstanding any provision of Code Section 51-13-3, in a medical negligence
action against a hospital, a health care facility, or medical facility, a person
may give expert testimony on the appropriate standard of care as to
administrative and other nonclinical issues if the person has substantial
knowledge, by virtue of his or her training and experience, concerning the
standard of care among hospitals, health care facilities, or medical facilities
of the same type as the hospital, health care facility, or medical facility
whose acts or omissions are the subject of the testimony and which are located
in the same or similar communities at the time of the alleged act giving rise to
the cause of
action."
By
changing the designations
"(d)",
(e)",
and
"(f)",
on lines 27, 31, and 34 of page 11 to
"(f)",
"(g)",
and
"(h)",
respectively.
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