(a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.
(b) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is not certified by an appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following qualifications:
(1) Is licensed by the appropriate regulatory board or agency of this or some other state.
(2) Is trained and experienced in the same discipline or school of practice.
(3) Has practiced in the same discipline or school of practice during the year preceding the date that the alleged breach of the standard of care occurred.
(c) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is certified by an appropriate American board as a specialist, is trained and experienced in a medical specialty, and holds himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following requirements:
(1) Is licensed by the appropriate regulatory board or agency of this or some other state.
(2) Is trained and experienced in the same specialty.
(3) Is certified by an appropriate American board in the same specialty.
(4) Has practiced in this specialty during the year preceding the date that the alleged breach of the standard of care occurred.
(d) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, no evidence shall be admitted or received, whether of a substantive nature or for impeachment purposes, concerning the medical liability insurance, or medical insurance carrier, or any interest in an insurer that insures medical or other professional liability, of any witness presenting testimony as a “similarly situated health care provider” under the provisions of this section or of any defendant. The limits of liability insurance coverage available to a health care provider shall not be discoverable in any action for injury or damages or wrongful death, whether in contract or tort, against a health care provider for an alleged breach of the standard of care.
(e) The purpose of this section is to establish a relative standard of care for health care providers. A health care provider may testify as an expert witness in any action for injury or damages against another health care provider based on a breach of the standard of care only if he or she is a “similarly situated health care provider” as defined above. It is the intent of the Legislature that in the event the defendant health care provider is certified by an appropriate American board or in a particular specialty and is practicing that specialty at the time of the alleged breach of the standard of care, a health care provider may testify as an expert witness with respect to an alleged breach of the standard of care in any action for injury, damages, or wrongful death against another health care provider only if he or she is certified by the same American board in the same specialty.
(Acts 1987, No. 87-189, p. 261, §9; Acts 1996, No. 96-511, p. 650, §3.)
Notes of Decisions
Cited in
118
cases (
14 in the last 5 years), 1991–2026 · leading case:
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
· cites it 90× “" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
· cites it 25× “Akin's affidavit, contending that she was not a qualified expert pursuant to the Alabama Medical Liability Act, § 6-5-548, Ala.Code 1975, which requires that the health-care expert have practiced in the same discipline as *36 the health-care-provider defendant `during the year…”
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
· cites it 23× “Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
Johnson v. Price, 743 So. 2d 436 (Ala. 1999).
· cites it 18× “" Ala. Code 1975, § 6-5-548(a). The plaintiffs offered Dr.”
Barton v. Am. Red Cross, 829 F. Supp. 1290 (M.D. Ala. 1993).
· cites it 23× “1991), the Alabama Supreme Court rejected a similar attack on the constitutionality of § 6-5-548, which sets out the burden of proof and defines who is a “similarly situated health care provider” within § 6 — 5—542(2)’s definition of the standard of care.”
King v. Corr. Med. Servs., Inc., 919 So. 2d 1186 (Ala. Civ. App. 2005).
· cites it 17× “It would have been unnecessary to reach the question of deliberate indifference in Montanez if the similarly situated health-care provider requirements set forth in Ala.Code 1975, § 6-5-548, applied in the context of claims under 42 U.”
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
· cites it 6× “A breach of the standard of care is the "fail[ure] to exercise such reasonable care, skill and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in a like case.”
Dowdy v. Lewis, 612 So. 2d 1149 (Ala. 1992).
· cites it 12× “) Although § 6-5-548 does not explain what is meant by "practice of nursing," Ala.”
Smith v. Fisher, 143 So. 3d 110 (Ala. 2013).
· cites it 11× “We note that the trial court enjoys discretion when determining whether a witness is qualified to testify as an expert in a medical-malpractice action under § 6-5-548, Ala.Code 1975. Biggers v. Johnson, 659 So.”
Ronderos v. Rowell, 868 So. 2d 422 (Ala. 2003).
· cites it 21× “Another issue presented for our consideration is whether subsection (b) or subsection (c) of § 6-5-548 applies in determining whether Dr.”
Breland Ex Rel. Breland v. Rich, 69 So. 3d 803 (Ala. 2011).
· cites it 6× “Discussion The AMLA, at § 6-5-548(a), Ala.Code 1975, provides, in relevant part: “In any action for injury .”
— Ala. Code § 6-5-548(a) — 51 cases
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
“" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
“A breach of the standard of care is the "fail[ure] to exercise such reasonable care, skill and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in a like case.”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
“Akin's affidavit, contending that she was not a qualified expert pursuant to the Alabama Medical Liability Act, § 6-5-548, Ala.Code 1975, which requires that the health-care expert have practiced in the same discipline as *36 the health-care-provider defendant `during the year…”
Breland Ex Rel. Breland v. Rich, 69 So. 3d 803 (Ala. 2011).
“Discussion The AMLA, at § 6-5-548(a), Ala.Code 1975, provides, in relevant part: “In any action for injury .”
— Ala. Code § 6-5-548(b) — 17 cases
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
“" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
“Akin's affidavit, contending that she was not a qualified expert pursuant to the Alabama Medical Liability Act, § 6-5-548, Ala.Code 1975, which requires that the health-care expert have practiced in the same discipline as *36 the health-care-provider defendant `during the year…”
King v. Corr. Med. Servs., Inc., 919 So. 2d 1186 (Ala. Civ. App. 2005).
“It would have been unnecessary to reach the question of deliberate indifference in Montanez if the similarly situated health-care provider requirements set forth in Ala.Code 1975, § 6-5-548, applied in the context of claims under 42 U.”
Smith v. Fisher, 143 So. 3d 110 (Ala. 2013).
“We note that the trial court enjoys discretion when determining whether a witness is qualified to testify as an expert in a medical-malpractice action under § 6-5-548, Ala.Code 1975. Biggers v. Johnson, 659 So.”
— Ala. Code § 6-5-548(b)(2) — 1 case
Ronderos v. Rowell, 868 So. 2d 422 (Ala. 2003).
“Another issue presented for our consideration is whether subsection (b) or subsection (c) of § 6-5-548 applies in determining whether Dr.”
— Ala. Code § 6-5-548(b)(3) — 5 cases
Dowdy v. Lewis, 612 So. 2d 1149 (Ala. 1992).
“) Although § 6-5-548 does not explain what is meant by "practice of nursing," Ala.”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
“Akin's affidavit, contending that she was not a qualified expert pursuant to the Alabama Medical Liability Act, § 6-5-548, Ala.Code 1975, which requires that the health-care expert have practiced in the same discipline as *36 the health-care-provider defendant `during the year…”
King v. Corr. Med. Servs., Inc., 919 So. 2d 1186 (Ala. Civ. App. 2005).
“It would have been unnecessary to reach the question of deliberate indifference in Montanez if the similarly situated health-care provider requirements set forth in Ala.Code 1975, § 6-5-548, applied in the context of claims under 42 U.”
— Ala. Code § 6-5-548(c) — 17 cases
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
“" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
“Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
— Ala. Code § 6-5-548(c)(1) — 1 case
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
“Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
— Ala. Code § 6-5-548(c)(2) — 1 case
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
“Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
— Ala. Code § 6-5-548(c)(3) — 1 case
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
“Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
— Ala. Code § 6-5-548(c)(4) — 1 case
Martin v. Dyas, 896 So. 2d 436 (Ala. 2004).
“Charles Clark, a board-certified orthopedic surgeon, as an expert witness.”
— Ala. Code § 6-5-548(d) — 4 cases
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
“" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
— Ala. Code § 6-5-548(e) — 22 cases
Holcomb v. Carraway, 945 So. 2d 1009 (Ala. 2006).
“" § 6-5-548, Ala.Code 1975. In 1996, the legislature further addressed the circumstances under which an expert witness may qualify as a similarly situated health-care provider by amending § 6-5-548(e) to provide: "(e) The purpose of this section is to establish a relative…”
Johnson v. Price, 743 So. 2d 436 (Ala. 1999).
“" Ala. Code 1975, § 6-5-548(a). The plaintiffs offered Dr.”
Ex Parte HealthSouth Corp., 851 So. 2d 33 (Ala. 2002).
“Akin's affidavit, contending that she was not a qualified expert pursuant to the Alabama Medical Liability Act, § 6-5-548, Ala.Code 1975, which requires that the health-care expert have practiced in the same discipline as *36 the health-care-provider defendant `during the year…”
Smith v. Fisher, 143 So. 3d 110 (Ala. 2013).
“We note that the trial court enjoys discretion when determining whether a witness is qualified to testify as an expert in a medical-malpractice action under § 6-5-548, Ala.Code 1975. Biggers v. Johnson, 659 So.”
— Ala. Code § 6-5-548(g) — 1 case
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Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.