12-2604

12-2604. Expert witness qualifications;
medical malpractice actions

A. In an action alleging medical malpractice, a person shall not give expert
testimony on the appropriate standard of practice or care unless the person is licensed
as a health professional in this state or another state and the person meets the
following criteria:

1. If the party against whom or on whose behalf the testimony is offered is or
claims to be a specialist, specializes at the time of the occurrence that is the basis
for the action in the same specialty or claimed specialty as the party against whom or on
whose behalf the testimony is offered. If the party against whom or on whose behalf the
testimony is offered is or claims to be a specialist who is board certified, the expert
witness shall be a specialist who is board certified in that specialty or claimed
specialty.

2. During the year immediately preceding the occurrence giving rise to the lawsuit,
devoted a majority of the person's professional time to either or both of the following:

(a) The active clinical practice of the same health profession as the defendant
and, if the defendant is or claims to be a specialist, in the same specialty or claimed
specialty.

(b) The instruction of students in an accredited health professional school or
accredited residency or clinical research program in the same health profession as the
defendant and, if the defendant is or claims to be a specialist, in an accredited health
professional school or accredited residency or clinical research program in the same
specialty or claimed specialty.

3. If the defendant is a general practitioner, the witness has devoted a majority
of the witness's professional time in the year preceding the occurrence giving rise to
the lawsuit to either or both of the following:

(a) Active clinical practice as a general practitioner.

(b) Instruction of students in an accredited health professional school or
accredited residency or clinical research program in the same health profession as the
defendant.

B. If the defendant is a health care institution that employs a health professional
against whom or on whose behalf the testimony is offered, the provisions of subsection A
apply as if the health professional were the party or defendant against whom or on whose
behalf the testimony is offered.

C. This section does not limit the power of the trial court to disqualify an expert
witness on grounds other than the qualifications set forth under this section.

D. An expert witness in a medical malpractice case shall not be permitted to
testify if the fee of the witness is in any way contingent on the outcome of the case.