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16-114-207. Expert witnesses.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-207. Expert witnesses.
In any action for medical injury:
(1) Rule 702 of the Uniform Rules of Evidence [repealed] shall govern the qualifications of expert witnesses;
(2) No witness whose compensation for his or her services is in any way dependent on the outcome of the case shall be permitted to give expert testimony; and
(3) No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in § 16-114-206 at a trial. However, this shall not apply to discovery. Discovery information can be used at a trial as in other lawsuits.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-114-207
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fe0f85597821bf41e9cf539cfdd8616dd086602da1d49b7ce8ff7445bc3577bd
Source location: content.xml paragraph 46875
Stored source content
16-114-207. Expert witnesses.
In any action for medical injury:
(1) Rule 702 of the Uniform Rules of Evidence [repealed] shall govern the qualifications of expert witnesses;
(2) No witness whose compensation for his or her services is in any way dependent on the outcome of the case shall be permitted to give expert testimony; and
(3) No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in § 16-114-206 at a trial. However, this shall not apply to discovery. Discovery information can be used at a trial as in other lawsuits.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-206. Burden of proof.
(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving:
(1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he or she practices or in a similar locality;
(2) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and
(3) By means of expert testimony provided only by a qualified medical expert that as a proximate result thereof the injured person suffered injuries that would not otherwise have occurred.
(b)(1) Without limiting the applicability of subsection (a) of this section, when the plaintiff claims that a medical care provider failed to supply adequate information to obtain the informed consent of the injured person, the plaintiff shall have the burden of proving that the treatment, procedure, or surgery was performed in other than an emergency situation and that the medical care provider did not supply that type of information regarding the treatment, procedure, or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure, or surgery in the locality in which the medical care provider
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-114-206. This identifies an authority to review, not proof of applicability.