HOUSE BILL NO. 445
AS AMENDED BY HOUSE AMENDMENT NO. 1
AND SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 68, TITLE 18 OF THE DELAWARE CODE RELATING TO MEDICAL EXPERT WITNESSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §6854, Chapter 68, Title 18, Delaware Code by designating the existing paragraph as paragraph (a) and adding thereto a new paragraph (b) to read as follows:
'(b) Any physician who has been in the active practice of medicine or surgery for at least the past five (5) years and who currently practices in the State of Delaware or within a state contiguous to the State of Delaware and within a radius of 75 miles of the Capitol of the State of Delaware shall be presumed to be competent to give expert medical testimony as to applicable standards of skill and care; if it shall be established that the degree of skill and care required of the expert in the locality where the expert practices or teaches is of the same or equivalent standard as the skill and care employed in the community or locality where the alleged malpractice occurred.'
Section 2. This bill shall apply to all actions where no final order or judgment has been entered by a court as of the effective date, which effective date shall be the date of enactment.
Approved June 27,1980.