Larson v. Downing

In determining whether a person is qualified by training and experience to testify as an expert in a case involving a health care liability claim, the court is required by statute to consider, among other things, “whether, at the time the claim arose or at the time the testimony is given, the witness ... is actively practicing medicine in rendering medical care services relevant to the claim.” 1 The trial court in this medical malpractice case excluded the plaintiffs expert because it had been fifteen years since he had performed surgery like that performed by the defendant. A divided court…