A podiatrist is unqualified to testify under Pennsylvania’s Medical Care Availability and Reduction of Error Act as an expert witness against an orthopedic surgeon regarding the standard of care in a medical malpractice suit, a deeply divided state Supreme Court has ruled 4-3.
The majority concluded that the Pennsylvania General Assembly’s reference in the MCARE requiring medical experts to “possess an unrestricted physician’s license to practice medicine,” unambiguously referred to a physician or osteopath.
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