The Kansas medical malpractice expert rule can be a trap for the unwary:
KSA 60-3412 contains the medical malpractice expert rule as to who is qualified to render an opinion concerning the standard of care in a medical malpractice case:
In any medical malpractice liability action… in which the standard of care given by a practitioner of the healing arts is at issue, no person shall qualify as an expert witness on such issue unless at least 50% of such person’s professional time within the two-year period preceding the incident giving rise to the action is devoted to actual clinical practice in the same profession in which the defendant is licensed.
Under the Kansas medical malpractice expert qualifications rule, a medical expert must have devoted 50% of his professional time to the “actual clinical practice” of medicine in the two years preceding the alleged medical error. Otherwise, he is not qualified as an expert witness to testify as to the standard of care.
The defendant must produce evidence that the medical expert does not meet the 50% rule and meeting the 50% rule can be shown by affidavit or deposition of the plaintiff’s medical expert if necessary. However, keep this rule firmly in mind at all times and make the necessary investigation upfront, as there are certain situations in which it would be almost unimaginable that a practicing doctor or physician or other healthcare provider in a particular field of expertise does not qualify under the 50% rule and yet this can turn out to be the case upon closer scrutiny.
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