expert standard in West Virginia

2007West Virginia Code § 55-7B-7(a) expressly provides that in order to establish the standard of care, an expert witness must possess the specialized knowledge and expertise in the issue presented. "[T]o qualify a witness as an expert on that standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard of care and treatment commonly practiced by physicians engaged in the defendant's specialty." Gilman v. Choi, 185 W.Va. 177, 181 , 406 S.E.2d 200, 204 (1990)(overruled on other grounds, see Mayhorn v. Logan Med.

2007West Virginia Code § 55-7B-7(a) expressly provides that in order to establish the standard of care, an expert witness must possess the specialized knowledge and expertise in the issue presented. "[T]o qualify a witness as an expert on that standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard of care and treatment commonly practiced by physicians engaged in the defendant's specialty." Gilman v. Choi, 185 W.Va. 177, 181 , 406 S.E.2d 200, 204 (1990)(overruled on other grounds, see Mayhorn v. Logan Med.

2007Found., 193 W.Va. 42 , 454 S.E.2d 87 (1994) ( quoting Greene v. Thomas, 662 P.2d 491, 493 (Colo.Ct.App.1982)).

2007Found., 193 W.Va. 42 , 454 S.E.2d 87 (1994) (quoting Greene v. Thomas, 662 P.2d 491, 493 (Colo.Ct.App.1982)).

2024Va. 42, 44 , 454 S.E.2d 87, 89 (1994).19 Under the MPLA, the following is required for expert witnesses on the standard of care: A proposed expert witness may only be found competent to testify if the foundation of his or her testimony is first laid establishing that: (1) The opinion is actually held by the expert 19 “[T]o qualify a witness as an expert on the standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard of care and treatment commonly practiced by physicians engaged in the defendant’s specialty.” Mayhorn,

2024Va. 42, 44 , 454 S.E.2d 87, 89 (1994).19 Under the MPLA, the following is required for expert witnesses on the standard of care: A proposed expert witness may only be found competent to testify if the foundation of his or her testimony is first laid establishing that: (1) The opinion is actually held by the expert 19 “[T]o qualify a witness as an expert on the standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard of care and treatment commonly practiced by physicians engaged in the defendant’s specialty.” Mayhorn,

1998Accordingly, we conclude plaintiff provided insufficient evidence on causation and thus failed to establish a prima facie case of negligence. 930 P.2d at 906, 907 (emphasis added).