Civil Litigation - MCARE Act - Expert Testimony

Summary of Pennsylvania Decisions

Anderson v. McAfoos, No. 9 WAP 2011 (Pa. December 18, 2012)

Holding: When a party does not properly raise and preserve a claim that an expert’s credentials satisfy the requirements of Section 512(e) of the MCare Act, 40 P.S. §§ 1303.101-1303.1115, the party cannot later assert that the expert should have been permitted to render standard-of-care testimony in an action against a board-certified general surgeon. There is also no general legal requirement that an objection to a proposed expert’s qualifications under the MCARE Act be made prior to voir dire, and a case management order that merely establishes deadlines for filing pre-trial motions does not create such a requirement. Justice Baer filed a concurring opinion, in which Justices Todd and McCaffery joined.