Pennsylvania Physicians for the Protection of Specialty Care

Despite a state Supreme Court decision earlier this year, which forbade a podiatrist from testifying as an expert against an orthopaedic surgeon, the state Superior Court (which is one step lower than the state Supreme Court) last month weakened the "same specialty" requirement for expert witness testimony.

The case of Gbur v. Golio, which is expected to be appealed to the state Supreme Court, focused on the allowance of a radiation oncologist to testify against a board-certified urologist.

A September 10 newsletter from the law firm of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, reports that the Superior Court ruling "may make trial courts wary of enforcing the 'same specialty' rule adopted in 2002 as part of the Medical Care Availability and Reduction of Error (Mcare) Act."

"It's important for judges to understand the implications of testimony from different specialties," said 3PSC President Barbara Frieman, MD. "Because these judges aren't medical professionals, but they are effectively interpreting complex medical decisions."

On June 5, in a narrow, 4-3 decision, in the case of Wexler v. Hecht, the Pennsylvania Supreme Court upheld the Superior Court's 2003 decision which affirmed a trial court which refused to permit a podiatrist to testify against an orthopedic surgeon on the grounds that S. 512 of the MCARE Act requires an expert testifying on the standard of care to possess an "unrestricted physician's license."

3PSC supports the creation of specialty medical courts in Pennsylvania to better address the complexities involved in medical liability cases in order to more efficiently compensate injured patients while allowing judges in an appellate court to focus on medical liability cases only.

The high cost of medical liability insurance coupled with low reimbursement for medical services are forcing many healthcare providers to limit the specialty medical care available in community settings.

PA Physicians for the Protection of Specialty Care -- 3PSC represents high-risk specialty surgeons such as general surgeons, neurosurgeons, obstetricians, orthopaedic surgeons, cardiothoracic surgeons and vascular surgeons and their patients.

3PSC informs patients, policymakers and the public on the need for common sense physician reimbursement and medical liability reforms to preserve world-class specialty medicine in Pennsylvania.

To learn more go to www.3psc.org.