Texas Civil Practice and Remedies Code

§ 74.401 — QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST PHYSICIAN

CP § 74.401Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. I. EXPERT WITNESSES

Statute text

(a)In a suit involving a health care liability claim against a physician for injury to or death of a patient, a person may qualify as an expert witness on the issue of whether the physician departed from accepted standards of medical care only if the person is a physician who:

(1)is practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose;

(2)has knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and

(3)is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of medical care.

(b)For the purpose of this section, "practicing medicine" or "medical practice" includes, but is not limited to, training residents or students at an accredited school of medicine or osteopathy or serving as a consulting physician to other physicians who provide direct patient care, upon the request of such other physicians.

(c)In determining whether a witness is qualified on the basis of training or experience, the court shall consider whether, at the time the claim arose or at the time the testimony is given, the witness:

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Legislative history

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.