Louisiana Medical Malpractice Expert Witness Does Not Have to Be Engaged in an Active Medical Practice

Louisiana Revised Statute 9:2794(D)(1)(a) requires that a physician who testifies as an expert witness in a medical malpractice case must be: “practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose.” The Louisiana Supreme Court in Johnson v. Morehouse General Hospital, 10-387 c/w 10- 488 (La. 5/10/2011), held that the trial court did not abuse its discretion in allowing a disabled OB/GYN doctor who no longer had an active medical practice from testifying in a medical malpractice case involving obstetrics because the physician was still licensed to practice medicine and write prescriptions, and because he continued to render non-specialist medical services, albeit gratuitously, to friends and family.

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