Section 13.22 Qualifications of the Medical Expert

• Library: Sources of Proof (2014 Ed.)

A. (§13.22) Qualifications of the Medical Expert

As with other experts, it is within the discretion of the trial court to determine whether a proposed medical expert is sufficiently qualified to testify as an expert. Eichelberger v. Barnes Hosp., 655 S.W.2d 699 (Mo. App. E.D. 1983). In fact, there is authority for the proposition that a nonphysician could testify as a medical expert. “Conceivably, a psychologist or other non-physician might attain a degree of knowledge, skill, experience, training, or education in medicine that would provide a foundation to become a medical expert.” Childs v. Williams, 825 S.W.2d 4, 10 (Mo. App. E.D. 1992); see also Landers v. Chrysler Corp., 963 S.W.2d 275, 280–82 (Mo. App. E.D. 1997) (a neuropsychologist was allowed to testify as to the cause of the brain injury). But an associate psychologist, whose diagnoses were required to be reviewed and approved by a psychologist, was not qualified to offer a diagnosis as an expert witness. Johnson v. State, 58 S.W.3d 496, 498–99 (Mo. banc 2001).

Medical experts such as specialists may have more training or experience in a given medical topic. This is a matter of weight rather than admissibility. Generally, physicians are qualified to testify on any medical topic if their knowledge is based on medical training or a review of the literature. See, e.g., Swope v. Printz, 468 S.W.2d 34, 40 (Mo. 1971) (a psychiatrist was allowed to testify as an expert on a thyroid condition and surgery). Once the witness is recognized as an expert, the extent of the witness’s expertise, knowledge, and training goes to the weight of the testimony. Griffin v. Evans Elec. Constr. Co....