Expert Witness Standards Reform: S. 83 (2005)
In an action against a professional (such as physicians, medical
In an action against a professional (such as physicians, medical professionals, architects, CPAs, etc.), increased the standard for admitting expert witness testimony by defining an expert witness as one who: (1) is qualified as to the acceptable standard of conduct of the professional whose conduct is at issue; (2) is licensed by an appropriate regulatory agency; (3) is board certified; and (4) has actual professional knowledge based on active practice for at least three to five years, has taught for at least half of his professional time for at least three to five years, or any combination thereof for at least three to five years. In such actions against a professional, the plaintiff must file an affidavit of an expert witness which specifies at least one negligent act or omission and the factual bases for each claim, unless the basis of the claim does not require specialized knowledge or experience to evaluate the conduct of the defendant. Provided that in any other civil action, expert witness is defined as one who has scientific, technical, or other specialized knowledge which may assist the trier of fact in understanding evidence and determining a fact or issue in the case.
Latest News
View all news
‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
America’s Top 9 Worst Judicial Hellholes®
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
ATRA Commends J&J’s Plan to Resolve Notorious Talc Lawsuits
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
The Lab Whose Junk Science Is Fueling a Frenzy of Litigation
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems