An Arizona law requiring that expert witnesses in medical malpractice trials actually be experts in the field they’re testifying about has been struck down in appellate court.

The law had clearly sought to end the abuse of “professional witness” doctors who make a lucrative career testifying in medical malpractice trials at the behest of trial lawyer firms and practice little if any actual medicine. The law supplemented an existing, overly-vague rule that witnesses be qualified by “knowledge, skill, experience, training, or education.” The new law insisted that expert witnesses actually practice in the same medical specialty as the defendant and devote most of their professional time to either active clinical practice or instruction of students.

The appellate court’s rationale was that legislators shouldn’t be telling judges how to run their courtrooms. But apparently the on-going charade of bogus medical experts making a mockery of their courtrooms hasn’t been enough to get the judges themselves to clean up their act.

UPDATE: Carter Wood over at PointofLaw has more.