Qualified Experts and the MCARE Act

February 1, 2023 Posted in Articles

Qualified Experts and the MCARE Act In March 2002, The Medical Care Availability and Reduction of Error Fund (“MCARE Act”) was signed into law. Section 512 of this Act provides a heightened standard for expert testimony in medical malpractice lawsuits. Notably, this Section only applies liability actions against doctors. It does not apply to non-physicians, such as nurses.

Under the Federal Rules of Evidence, an expert is a qualified witness if they possess knowledge, skill, experience, or training in a specialized field. However, the MCARE Act imposes additional requirements. Under the MCARE Act, an expert must be board certified in the same or similar approved board as the defendant physician and must have been actively practicing or teaching medicine within the last five years. Fortunately, in certain circumstances, a court may waive the same specialty and board requirements for an expert if the court finds that the expert possesses sufficient training, experience, and knowledge to provide testimony as a result of active involvement in teaching medicine in the subspecialty or a related field of medicine within the last five years. 

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