Medical injury-expert witnesses.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0418

HOUSE BILL
NO.
HB0108

Medical injury-expert witnesses.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to civil actions; specifying requirements for expert witnesses to testify in medical injury or death actions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 1
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1
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131 is created to read:

1
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1
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131.

Medical injury actions; expert witnesses.

(a)

In any action for injury or death against a licensed physician, whether in contract or in tort, arising out of the provision of, or failure to provide, health care services, a person may qualify as an expert witness on the issue of the appropriate medical standard of care if the witness:

(i)

Is licensed in this state, or some other state, as a doctor of medicine or osteopathy;

(ii)

Is trained and experienced in the same discipline or school of practice as the defendant;

(iii)

When certified, is certified by a board recognized by the American Board of Medical Specialties in a specialty having acknowledged expertise and training directly related to the particular health care or matter at issue; and

(iv)

Within five (5) years of the date of the alleged occurrence giving rise to the claim, was in active medical practice in the same discipline or school of practice as the defendant or devoted a substantial portion of his time teaching at an accredited medical school, or in university-based research, in relation to the medical care and type of treatment at issue.

(b)

A person who is licensed in another state and who testifies as an expert witness in this state in any action for injury or death against a physician, whether in contract or tort, arising out of the provision of, or failure to provide, health care services, shall be deemed to have a temporary license to practice medicine in this state for the purpose of providing the testimony and shall be subject to the authority of the board of medicine and the provisions of W.S. 33
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26
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401 et seq.

(c)

A medical expert witness shall not testify on a contingency fee basis. A person who violates this section shall be guilty of unprofessional conduct, as provided by W.S. 33
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26
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403(a)(xxvii).

(d)

In any action for injury or death against a physician, whether in contract or in tort, arising out of the provision of, or failure to provide, health care services, medical evidence shall not be admissible in court that:

(i)

Is provided by a medical expert witness who has agreed to provide medical testimony on a contingency fee basis; or

(ii)

Has been obtained pursuant to an agreement with a third party who receives a contingency fee for:

(A)

Providing a medical expert for review of medical injury claims;

(B)

Locating medical expert witnesses; or

(C)

Arranging the provision of medical expert testimony.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0108