The Role of a Medical Malpractice Expert Witness

What is the role of a medical malpractice expert witness in Florida? When a medical professional harms a patient through negligence, the patient can file a medical malpractice lawsuit to recover damages. However, proving that the medical provider’s negligence caused the patient’s injuries can be challenging. That’s where a medical malpractice expert witness comes in.

An expert witness is a specialist in the same medical field who knows the standard of care for that procedure that resulted in the alleged malpractice and who can testify whether the medical practitioner’s actions violated the standard of care and caused the patient’s injuries. Under Florida law, a person can’t testify about the current professional standard of care unless they are an actively, validly licensed health care provider. By law, they must also thoroughly review the medical records of the injured person.

Defining Medical Malpractice

Medical malpractice is any action by a healthcare provider that breaches the prevailing standard of care and injures the patient. The standard of care is the care and skill a similar prudent medical provider would have used in the same situation. If you get injured because your doctor failed to meet the appropriate standard of care, you can sue for medical malpractice.

Typical Medical Malpractice Cases

Typical medical malpractice cases include:

• Surgical errors
• Incorrect diagnosis
• Incorrect prescription
• Incorrect medication dosage
• Inadequate or excessive anesthesia
• Misinterpretation of diagnostic test results
• Failure to diagnose
• Failure to provide post-operative care
• Failure to inform a patient of risks
• Using an unsterilized tool
• Hiring staff without enough experience

Any form of medical malpractice can cause lasting harm. When a doctor misdiagnoses your test results, you might not know about a serious medical condition in time to deal with it. When you’re given too little anesthesia, you can experience terrible pain in surgery. The consequences of medical malpractice can last for years. Don’t just put up with the carelessness of a medical provider. Hold them accountable by contacting a medical malpractice lawyer.

What Does a Medical Expert Witness Do?

What is the role of an expert witness in a medical malpractice case? According to the Florida Supreme Court, an expert witness testifies about the prevailing professional standard of care. They can also offer a written medical expert opinion. The job of an expert witness is to tell the jury whether the medical provider’s actions met the standard of care for that profession. For instance, an expert witness can testify that a specialist would typically follow a specific protocol for care, but this specialist failed to do so.

Which Element Can an Expert Witness Testify To in a Malpractice Case?

There are two elements an expert witness can testify about in a medical malpractice case:

• Did the health provider’s actions deviate from the standard of care?
• Did those actions cause the patient’s injuries?

The benefit of an expert witness for a medical malpractice case is their ability to explain complicated medical information to a jury. That way, the jury can understand whether the patient’s injury was the provider’s fault.

Requirements for an Expert Witness in Florida

In Florida, an expert witness must be:

• A licensed healthcare provider
• A specialist in the same field as the health care provider who is being sued
• Active in the same specialty within the past three years
• If the healthcare provider being sued is a general practitioner, the expert witness must have been active in the same field within the past five years

An expert witness in Florida must not:

• Be paid on a contingency basis
• Have been found guilty of fraud or perjury

The Florida Board of Medicine has its own set of standards for expert witnesses, including:

• Having held a Florida license for at least five years
• Teaching or practicing in Florida with at least 75% focus on direct patient care
• Board certification
• Not the subject of any disciplinary actions
• Not having any open complaints with any medical licensing authority or the Department of Health
• In good standing with the medical profession they are giving testimony about

Daubert Challenges

A lawyer can challenge an expert witness’s testimony by filing a Daubert challenge motion. A Daubert challenge asserts that an expert witness’s testimony is irrelevant or not scientifically valid. Expert testimony must be based on testable, peer-reviewed scientific consensus. Florida courts have used the Daubert standard since 2019.

In What Circumstances Is Expert Testimony Unnecessary in Medical Malpractice?

Does the filing of a medical malpractice lawsuit always need an expert witness? To initiate a medical malpractice action in Florida, the petitioner must provide an expert affidavit that contains the expert’s opinion about whether the defendant breached the applicable standard of care and caused the plaintiff’s injuries.

Additionally, according to an article in Clinical Orthopaedics and Related Research, most medical malpractice cases require expert witnesses. The jury needs the testimony of expert witnesses to understand what happened and who is at fault. However, there are a few cases where the jury doesn’t need an expert witness to understand what happened. For instance, if a surgeon left something inside the patient’s body, the jury can understand that circumstance without an expert witness.

Can an Expert Witness be Sued for Malpractice?

Expert witnesses used to be completely immune from lawsuits, but that is no longer the case. Immunity now depends on the professionalism of the expert witness. Courts have found that expert witnesses must provide testimony that meets a standard of care, skill, and proficiency. If an expert witness’s testimony doesn’t meet that standard, they can be sued. They can also be subject to disciplinary action from their own profession.

Call a Florida Medical Malpractice Lawyer Today

If you’ve been injured by a negligent surgeon, anesthesiologist, or other medical professional, you have the right to seek compensation for your injuries. In a Florida medical malpractice case, you can seek damages for:

• Your medical expenses
• Your lost wages and other income
• Any other financial losses you may have
• Pain and suffering
• Diminished quality of life

You can also sue for punitive damages if the defendant’s conduct was especially outrageous. Florida caps punitive damages at $500,000 or triple compensatory damages, whichever is more.

Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. is a medical malpractice firm in Florida. We stand with patients injured by negligent or careless medical providers. If you’ve been injured by a negligent health care provider in Florida, call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at (561) 689-8180 or contact us online today.