Teresa L. Broussard v. St. Edward Mercy Health System, Inc. D/b/a St. Edward Mercy Medical Center Sisters of Mercy…

Summary

The court held that the statutory requirement limiting medical-malpractice expert testimony to providers in the same specialty as the defendant violates separation of powers because it regulates courtroom procedure reserved to the judiciary. The offending language was severable, leaving the remainder of the malpractice statute intact. The court also reversed summary judgment and remanded for the circuit court to determine whether Broussard could amend her pleadings to conform to the negligence theory developed in discovery.