Gbur v. Golio

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice SAYLOR.

We allowed appeal to address the MCARE Act’s samesubspecialty requirement pertaining to the admission of expert testimony to establish the standard of care in a medical malpractice action. Although the Court is unanimous as to the result, it is equally divided concerning the appropriate reasoning. This opinion, supported by three of six participating Justices, turns on issue preservation.

Appellant is a physician specializing in the field of urology. He is certified by the American Board of Urology. In 2001 through 2002, Appellant…