Page:Broussard v. St. Edward Mercy Health System, Inc.pdf/4

 substantive law regarding the duty of a plaintiff to produce an expert witness with a requisite level of knowledge, skill, experience, training or education and sets forth the procedure that governs when such a qualified witness may testify." The circuit court further stated that "[a]n expert of the same specialty could state definitively what a general surgeon and nephrologist should have done with respect to the standard of care pursuant to such a state of facts such as are presented here." Boussard asserts that the circuit court erred because section 16-114-206(a) sets a rule of procedure in violation of the separation-of-powers doctrine and section 3 of Amendment 80.

Every statute enjoys a presumption of constitutionality. Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, at 4, 308 S.W.3d 135, 139. The party asserting that a statute is unconstitutional bears the burden of demonstrating that the statute violates the constitution. Id., 308 S.W.3d at 139. Any doubt is resolved in favor of constitutionality. Id., 308 S.W.3d at 139. Further, when possible, a statute will be construed so that it is constitutional. Id., 308 S.W.3d at 139. When construing a statute, we interpret the statute to give effect to the intent of the General Assembly. Id., 308 S.W.3d at 139. We determine legislative intent from the ordinary meaning of the language used where the language of the statute is plain and unambiguous. Id., 308 S.W.3d at 139. Words in the statute are given their ordinary and usually accepted meaning in common language. Id., 308 S.W.3d at 139.

Section 16-114-206(a) provides as follows:

(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving: