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  • NJ A1801
  • Revises standards for expert witnesses in medical malpractice actions.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill tightens the standards and requirements for expert witnesses in actions involving medical malpractice and amends N.J.S.A.2A:53A-41, which sets forth the standards for expert witnesses. The bill makes the following changes to the expert witness requirements: C the bill deletes the option that an expert witness for a specialist or subspecialist would be qualified to give testimony if the person is either a hospital-credentialed physician or a board certified specialist or subspecialist in the same specialty or subspecialty and requires, instead, that the person be both hospital-credentialed and board certified; C the bill deletes the option that an expert witness for a specialist or subspecialist would be qualified to give testimony if the person devotes a majority of his professional time to the instruction of students in an accredited medical school, other accredited health professional school or accredited residency or clinical research program in the same health care profession in which the defendant is licensed and requires, instead, that the person devote a majority of his professional time to the active clinical practice of the same health care profession in which the defendant is licensed; and C regarding the court's option to waive the same specialty or subspecialty requirement for an expert witness, the bill provides that the waiver shall be granted if the court determines that: (1) the expert specializes in a substantially similar speciality or subspecialty that includes the evaluation, diagnosis or treatment of the medical condition that is the subject of the claim or action and has prior clinical experience treating similar patients; (2) if the party against whom or on whose behalf the testimony is offered is board certified in a speciality or subspecialty, the expert is certified by a board recognized by the American Board of Medical Specialties or the American Osteopathic Association in a specialty or subspecialty having acknowledged expertise and training directly related to the particular health care matter at issue; (3) the expert has devoted a majority of his professional time during the five years immediately preceding the date of the occurrence that is the basis for the claim or action to the active clinical practice of the same or a substantially similar specialty or subspecialty recognized by the American Board of Medical Specialties or the American Osteopathic Association; and (4) the expert has demonstrated to the satisfaction of the court both that the standards of care and practice in the two specialties or subspecialties are similar and that the expert has substantial familiarity between the specialties or subspecialties.
Health and Senior Services
Introduced, Referred to Assembly Health and Senior Services Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
None specified