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06/17/2009
Nurses Cleared to Offer Expert Medical Opinions
By Leo Strupsczewski, The Legal Intelligencer
The state Supreme Court has overturned its ban on allowing registered nurses to offer medical opinions when testifying as expert witnesses.
Though the impact of the high court's decision seems to be limited by Pennsylvania's 2002 MCARE Act, the opinion does provide a glimpse at where the justices stand on expert witness testimony, who may give it and how much they may give.
In discussing prior caselaw on the issue, the 4-2 majority in Freed v. Geisinger Medical Center and Healthsouth Corp. found itself more in line with the court's 1995 ruling in Miller v. Brass Rail Tavern Inc. than the court's 1997 ruling in Flanagan v. Labe.
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