chevron-down Created with Sketch Beta.
April 15, 2022

Expert Witness: Tenth Circuit Affirms That “Educational Activities” Do Not Qualify As “Actual Clinical Practice” As Required Under State Law

The Tenth Circuit recently affirmed the district court’s exclusion of the expert witness testimony of an emergency room physician in a medical malpractice case where the district court declined to credit the physician an additional eight hours needed to qualify under state law as a standard-of-care expert. The Tenth Circuit agreed that the emergency room physician failed to meet the 50% “actual clinical practice” qualification required by Kansas law because the eight hours in dispute were spent advising emergency department residents on care already rendered. The Tenth Circuit noted that this type of advising was educational in nature because the physician was not advising residents regarding the ongoing care of a specific patient; educational activities were not patient care.