West Virginia Code § 55-7B-7

Testimony of expert witness on standard of care
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(a) The applicable standard of care and a defendant's failure to meet the standard of care, if
at issue, shall be established in medical professional liability cases by the plaintiff by
testimony of one or more knowledgeable, competent expert witnesses if required by the
court. A proposed expert witness may only be found competent to testify if the foundation for
his or her testimony is first laid establishing that: (1) The opinion is actuallye held by the
expert witness; (2) the opinion can be testified to with reasonable medical probability; (3)
the expert witness possesses professional knowledge and expertise courpled with knowledge
of the applicable standard of care to which his or her expert opinion testimony is addressed;
(4) the expert witness's opinion is grounded on scientifically valid peer-reviewed studies if
available; (5) the expert witness maintains a current license to practice medicine with the
appropriate licensing authority of any state of the United Stattes: Provided, That the expert
witness's license has not been revoked or suspended in the past year in any state; and (6)
the expert witness is engaged or qualified in a medical field in which the practitioner has
experience and/or training in diagnosing or treating injuries or conditions similar to those of
the patient. If the witness meets all of these qualifications and devoted, at the time of the
medical injury, sixty percent of his or her professional time annually to the active clinical
practice in his or her medical field or specialty, or to teaching in his or her medical field or
speciality in an accredited university, there shall be a rebuttable presumption that the
witness is qualified as an expert. The parties shall have the opportunity to impeach any
witness's qualifications as an expert. Financial records of an expert witness are not
discoverable or relevant to proeve the amount of time the expert witness spends in active
practice or teaching in his or her medical field unless good cause can be shown to the court.
(b) Nothing contained in this section limits a trial court's discretion to determine the
competency or lack o f competency of a witness on a ground not specifically enumerated in
this section.

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