If you are a victim of medical malpractice, the claims procedure can be complex. Aside from shouldering the burden of proof, you must have an expert witness to testify in your case. Understanding this role is essential to recovering damages.
Why expert witnesses are important
Judges and juries typically do not have expertise in medicine. This means that they are not legally qualified to decide whether a doctor’s error met the legal threshold for negligence. To avoid misunderstandings, an expert witness bridges the gap between medicine and the law by:
- Defining the standard of care in Florida
- Explaining a health care provider’s breach of duty
- Establishing a causational relationship between the provider’s negligence and the victim’s injuries
It is important to understand that not all medical professionals are qualified to become expert witnesses.
What Florida law says about expert witnesses
Under Florida law, an expert witness must meet these requirements:
- They must be a specialist in the same medical field as the defendant, such as a cardiologist, surgeon or anesthesiologist.
- They must have been actively practicing and teaching in that specialty for the three years immediately preceding the incident.
- They must conduct a complete review of all relevant records before giving an opinion.
Without a qualified expert, the courts may dismiss your malpractice case.
Moving forward on your case with guidance
Facing a medical malpractice case can be overwhelming. Not only do you have to recover from your injuries, but you also have to find evidence to support your claim and vet potential witnesses. All these you must accomplish within two years from the date the incident occurred or from when you discovered or should have discovered the injury.
While Florida has a maximum four-year statute of repose, waiting can put you at risk. Seeking legal counsel can offer the guidance you need. A medical malpractice attorney has the network and resources to help you find the right specialist for your specific situation.