6
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
expenses incurred as a result of the submission of the false objection or
inaccurate statement, including a reasonable attorney fee. The court shall
also refer the matter to the Attorney General for further review.
9. (New section) In an action alleging medical malpractice, a person
shall not give expert testimony or execute an affidavit pursuant to the
provisions of P.L.1995, c.139 (C.2A:53A-26 et seq.) on the appropriate
standard of practice or care unless the person is licensed as a physician
or other health care professional in the United States and meets the
following criteria:
a. If the party against whom or on whose behalf the testimony is
offered is a specialist or subspecialist and the care or treatment at issue
involves that specialty or subspecialty, the person providing the
testimony shall have specialized at the time of the occurrence that is the
basis for the action in the same specialty or subspecialty
as the party
against whom or on whose behalf the testimony is offered, and if the
person against whom or on whose behalf the testimony is being offered
is board certified and the care or treatment at issue involves that board
specialty or subspecialty, the expert witness shall be a specialist or
subspecialist who is board certified, by a board recognized by the
American Board of Medical Specialties, when applicable, in the same
specialty or subspecialty and during the year immediately preceding the
date of the occurrence that is the basis for the claim or action, shall have
devoted a majority of his professional time to either:
(1) the active clinical practice of the same health care profession in
which the defendant is licensed, and if the defendant is a specialist or
subspecialist the active clinical practice of that specialty or subspecialty;
or
(2) 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, if that party is a specialist or subspecialist, an
accredited medical school, health professional school or accredited
residency or clinical research program in the same specialty or
subspecialty; or
(3)
both.
b. If the party against whom or on whose behalf the testimony is
offered is a general practitioner, the expert witness, during the year
immediately preceding the date of the occurrence that is the basis for the
claim or action shall have devoted a majority of his professional time to:
(1) active clinical practice as a general practitioner; or
(2) the instruction of students in an accredited medical school, health
professional school, or accredited residency or clinical research program
in the same health care profession in which the party against whom or on
whose behalf the testimony is licensed; or
(3) both.
c. A court may waive the same specialty or subspecialty and board
certification requirements required by this section for an expert testifying
as to the standard of care if the court determines that: despite diligent
efforts, no expert meeting the requirements could be obtained to offer
testimony concerning the standard of practice or care at issue; and the
expert possesses sufficient training, experience and knowledge to
provide the testimony as a result of active involvement in, or full time
teaching of, medicine in the applicable specialty or a related field of
medicine.
