An important question in medical malpractice cases is whether the plaintiff’s standard of care expert must be board certified in the same specialty as the defendant, or must at least practice in the same area of specialization without board certification. Many states have enacted controlling statutes on this issue. If the answer to the “same specialty” question is yes, the plaintiff frequently needs two experts – one to opine on the standard of care, and one to address causation. In a 2018 case, the South Carolina Supreme Court carefully construed the relevant statute and held that, unde
Hartung Commercial Properties v. Buffi’s Automotive Equipment and Supply (Ala.
Many states require the plaintiff’s expert in a medical malpractice case to be board certified in the same specialty as the defendant. The dire consequence of an attorney’s failure to meet this requirement precisely was recently demonstrated in Shadrick v. Grana (https://acis.alabama.gov/displaydocs.cfm?no=907441&event=5BT0M4P9Y).