Expert Foundation Statute Ruled Unconstitutional

On January 19, 2012 the Arkansas Supreme Court ruled in Broussard v. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 2012 WL 149761 (2012) that a statute requiring experts in medical malpractice cases to be of the same specialty as the defendant was unconstitutional.  Ark. Code section 16-114-206(a) provided that plaintiff must prove a standard of care violation by an expert “medical care provider of the same specialty as the defendant.”  Plaintiff/Appellant argued that the statute created a procedural rule, and that only the supreme court – not the legislature – can create procedural rules.  The supreme court agreed, holding the statute violated the separation of powers doctrine and was void.