Wexler v. Hecht

Justice CASTILLE,

dissenting.1

As framed by the Majority Opinion, the substantive issue before the Court today is whether, under the Medical Care Availability and Reduction of Error Act, (“MCARE Act” or “Act”), Act of March 20, 2002, P.L. 154, No. 13 (as amended *13440 P.S. §§ 1303.101-1303.910), “a podiatrist is competent to testify as an expert witness concerning the applicable standard of care in a medical malpractice action advanced against an orthopedic surgeon.” Majority Op. at 120, 928 A.2d at 974. However, in my view, there is a preliminary and controlling question of retroactivity: i.e.,…