The Maryland Court of Appeals has upheld a tort reform measure requiring more stringent qualifications for potential expert witnesses in medical liability cases. In 2004, Maryland issued a law that prevented any doctor who devoted more than 20% of their professional time to working on personal injury cases from testifying as a "medical expert." The court has now clarified as to what sort of professional activities may make up the remainder of a doctor's time to qualify. Physicians argue that the move will limit the number of "hired guns" used to push frivolous lawsuits while trial attorneys argue that the rule will limit an injured patient's access to qualified experts. 

Medical expert witnesses in Maryland could see rules tightened in connection with their ability to testify in court as an expert. In 2004, Maryland issued a law that prevented any doctor who devoted more than 20% of their professional time to working on personal injury cases from testifying as a "medical expert." Soon the Maryland Court of Appeals is expected to clarify as to what sort of professional activities may make up the remainder of a doctor's time to qualify. Check out the full AMA story.

The Judicial Conference of the United States recently proposed an amendment to the Federal Rules of Civil Procedure that would have an impact on expert witness communications. Specifically, the rule would expand the range of communications covered under the work product privilege between attorneys and expert witnesses. The rule change recommendation, as well as another governing summary judgment, must first be adopted by the Supreme Court before going into effect.

A pair of lawyers from Sills Cummis & Gross P.C. have written an excellent article providing advice on how to successfully use regulatory expert witnesses in product liability actions. The article highlights the importance of proper FDA regulatory analysis as well as providing a proper regulatory history of the product in issue. It's in the latest edition of the Metropolitan Corporate Counsel.