The Arizona Supreme Court ruled on Friday to uphold the 2005 law
allowing state lawmakers to limit who qualifies as a medical malpractice expert witness.
The statute says anyone who wants to testify as an expert
witness against a physician in a medical malpractice lawsuit must be
licensed as a health care provider, a specialist in the same area as
the defendant, and actively practicing or teaching in that area.
The Court of Appeals in 2008 ruled that the teaching or practicing requirement was unconstitutional because the rules of evidence enacted by the Supreme Court said that an expert witness must be qualified "by knowledge, skill, experience, training or education." The state Supreme Court justices noted that generally they have the constitutional right to decide the rules governing how trials are conducted, but that the Legislature can enact "substantive" policy changes dictating what plaintiffs who file civil suits must prove to win their cases (Fischer, Arizona Daily Star, 3/15).
The Court of Appeals in 2008 ruled that the teaching or practicing requirement was unconstitutional because the rules of evidence enacted by the Supreme Court said that an expert witness must be qualified "by knowledge, skill, experience, training or education." The state Supreme Court justices noted that generally they have the constitutional right to decide the rules governing how trials are conducted, but that the Legislature can enact "substantive" policy changes dictating what plaintiffs who file civil suits must prove to win their cases (Fischer, Arizona Daily Star, 3/15).
