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Seeking Critical Care expert in a state contiguous to Tennessee

In an effort to evaluate a plaintiff malpractice case in Tennessee, as potential co-counsel I am seeking out an expert in Critical Care Medicine. Must be board certified in an ABMS specialty, and fellowship trained, preferably with at least ten (10) years of experience. However, TN has a very unusual contiguous state requirement, which requires having practiced at the time of or in the year prior to the alleged injury (in early March of this year).

We are seeking an expert in Critical Care Medicine for which you seem highly qualified. However, I see that you are now in Texas but I am unable to ascertain when you moved. Do you meet the requirement as stated below? If not, might you know of a colleague that is still practicing and might assist us?  

29-26-115. Claimant's burden in health care liability action -- Expert testimony -- Presumption of negligence -- Jury instructions.

(a)  In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b):

(b)  No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person's expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available.

If you meet these requirements, please email me a copy of your CV or resume, and a fee schedule for review work, deposition and although highly improbable, live testimony to me at [email protected].

Posted on October 11, 2019