State Med Mal Law Is Unconstitutional, Ark. Judge Rules

Law360, Los Angeles (January 9, 2018, 8:29 PM EST) -- Ahead of a medical malpractice trial, an Arkansas judge has ruled that a state law shielding doctors and other health care providers from testifying as medical experts at trial is unconstitutional, saying it deprives individuals of their right to a fair trial.

The Arkansas statute, which states that a medical care provider is not required to give expert opinion testimony against himself or herself at a trial, is unconstitutional because it essentially bars an injured patient from asking a doctor at trial whether he or she adhered to the standard of care, Pulaski County Circuit Court Judge Wendell Griffen ruled in...

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