Expert Witness Prematurely Disqualified Based on Not Maintaining an Active Clinical Practice

The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his personal health issues and the COVID-19 pandemic. After the defendants moved to dismiss the case for lack of requisite expert testimony, the plaintiff moved to substitute her expert witness. The trial court denied the substitution request and dismissed all claims on summary judgment. 

The 8th District Court of Appeals reversed and remanded, declaring that it was premature to determine whether the witness was qualified as the determination must be made “at the time of trial.” The court cited Johnson v. Abdullah, 166 Ohio St.3d 427, 2021-Ohio-3304, and the witness’ affidavit that he was taking steps to return to active clinical practice. 
 

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