Weiner v. Fisher

OPINION BY

BECK, J.:

¶ 1 We interpret the Medical Care Availability and Reduction of Error (MCARE) Act1 relating to the qualifications of experts. First we address the Act’s time frame requirement that the testifying expert be “engaged in or retired within the previous five years from active clinical practice or teaching.” Next, we explore the meaning of the active teaching requirement under the Act.

¶ 2 In this case the court granted appel-lee-defendant’s motion for a non suit after finding appellant-plaintiffs expert unqualified. We vacate the trial court’s order and remand.

¶ 3 Leon Weiner,…