LARSON v. DOWNING

No. 05-0155.

197 S.W.3d 303 (2006)

Mark D. LARSON, M.D., P.A. and Mark D. Larson, M.D., Petitioners, v. Mary Martha DOWNING, Respondent.

Supreme Court of Texas.

Rehearing Denied August 25, 2006.


Attorney(s) appearing for the Case

J.B. Whittenburg, Gilbert I. "Buddy" Low and Micheal Lane Painter, Orgain Bell & Tucker, L.L.P., Beaumont, for Petitioner.

Toby C. Easley and Jeffrey Robert Matthews, Matthews & Easley, P.C., Houston, for Respondent.


PER CURIAM.

In determining whether a person is qualified by training and experience to testify as an expert in a case involving a health care liability claim, the court is required by statute to consider, among other things, "whether, at the time the claim arose or at the time the testimony is given, the witness . . . is actively practicing medicine in rendering medical care services relevant to the claim."1 The trial court in this medical...

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