Non-Physician vs. Physician: Cross-Disciplinary Expert Testimony in Medical Negligence Litigation—Who Knows the Standard of Care?

Abstract

This paper explores whether non-physician health professionals should be permitted to testify in medical negligence litigation regarding the medical standard of care applicable to physician-defendants. Can non-physician health professionals acquire the knowledge necessary to know and appreciate the standard of care despite the lack of classical medical education and medical degrees? Is it relevant that a significant amount of health care is provided by non-physicians, such as nurses, nurse practitioners, physician assistants and nurse anesthetists? Other non-physicians work with and may assist in the training of physicians. Are they able to know the medical standard of care? These timely topics will be discussed.