Texas Civil Practice and Remedies Code

§ 74.402 — QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST HEALTH CARE PROVIDER

CP § 74.402Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. I. EXPERT WITNESSES

Statute text

(a)For purposes of this section, "practicing health care" includes:

(1)training health care providers in the same field as the defendant health care provider at an accredited educational institution; or

(2)serving as a consulting health care provider and being licensed, certified, or registered in the same field as the defendant health care provider.

(b)In a suit involving a health care liability claim against a health care provider, a person may qualify as an expert witness on the issue of whether the health care provider departed from accepted standards of care only if the person:

(1)is practicing health care in a field of practice that involves the same type of care or treatment as that delivered by the defendant health care provider, if the defendant health care provider is an individual, at the time the testimony is given or was practicing that type of health care at the time the claim arose;

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

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Legislative history

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