An Act Relative to Expert Witnesses in Actions for Medical Malpractice

Text of legislation filed by MMS for the 2015-16 session of the Massachusetts Legislature:


Section 1.   Chapter 231 of the General Laws, as most recently amended by Chapter 224 of the Acts of 2012,  is hereby amended by adding after section 60L, the following new section:

Section 60M.  In any action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a provider of health licensed pursuant to section 2 of Chapter 112, including actions pursuant to section 60B of this Chapter, an expert witness shall be board certified in the same specialty as the defendant physician as licensed pursuant to section 2 of Chapter 112.

Section 2 .  Section 5 of Chapter 112 as most recently amended by Chapter 224 of the Acts of 2012 is hereby amended after the word “occasions”, the following:  For purposes of this subsection, the offering of expert testimony in any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services against a physician licensed pursuant to section 2 of Chapter 112 of the general laws, shall constitute the practice of medicine.

 

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