Locality Rule Does Not Require Expert to be Familiar with Standard of Care in Defendant's Community
The Middle Section Court of Appeals ruled yesterday that the locality rule does not require an expert witness to testify that that she is aware of how other physicians in the defendant's community actually practice. The doctor in the case even testified that the demographic information he reviewed regarding the defendant's community did not influence his opinions in the case.
You must be able to establish that the doctor is familiar with the standard of care in a similar community, not necessarily that the doctor is familiar with the standard of care in the exact same community. You only need to put on proof that the expert witness practices in a similar community and knows the standard of care in her own community. The Court said:
We have never held that a plaintiff’s expert must be familiar with the actual standard of professional practice in the defendant’s own community in order to be able to testify that the defendant’s community is similar to another community with which the expert is familiar. To do so would contradict the express wording of the statute. Therefore, the trial court erred by applying an incorrect legal standard in determining the admissibility of Dr. Abrams’s testimony.
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