Retroactive application of the MCARE Act's provisions as to expert witnesses is permissible where a matter's parties were well aware of the legislation's impending enactment, a three-member Pennsylvania Superior Court panel has unanimously ruled. In reaching its decision, the panel relied on a 2005 Superior Court precedent stating that the act's qualifications must be met if an expert testifies after the law's effectiveness date in a case filed before MCARE was enacted.
November 06, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Retroactive application of the MCARE Act’s provisions as to expert witnesses is permissible where a matter’s parties were well aware of the legislation’s impending enactment, a three-member Superior Court panel has unanimously ruled.
Trial proceedings in the underlying medical malpractice action in George v. Ellis had taken place in a central Pennsylvania common pleas courtroom roughly two weeks before the Medical Care Availability and Reduction of Error Act went into effect in May 2002.
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