Michigan Top Court Clarifies Medical Expert Witness Standards

Medical expert witnesses whose specialties match those of malpractice defendants generally are qualified to testify in lawsuits over alleged treatment errors, even if they don’t practice the same subspecialty, the Michigan Supreme Court said.

In a 4-3 decision Thursday, the court overruled precedent holding that witnesses must match a defendant’s subspeciality, if their practice is so limited. The majority did away with an interpretation of a statute that effectively excluded “highly qualified medical providers from serving as experts,” Justice Elizabeth M. Welch said.

Medical malpractice plaintiffs in all but a few instances are required to introduce expert witness testimony to ...