SOURCE: Bloomberg Government
The U.S. held onto a win in a suit accusing a federal health-care provider of medical malpractice after the 10th Circuit found that the plaintiffs’ expert witness didn’t meet Kansas’ requirements for standard-of-care witnesses. To qualify as a medical expert witness under Kansas law, a professional has to have spent at least 50% of their professional time in “active clinical practice” in the two years preceding the injury, the 10th Circuit said Tuesday. That may include “indirect” patient care, such as consulting, but not time spent advising residents, it said.