Requirements for Medical Experts in Florida Medical Malpractice Cases

Expert testimony is crucial in almost all Florida medical malpractice claims because of the complexity of the subject matter. Experts generally apply their backgrounds and knowledge to the relevant facts in such a case. As a result of their input, it’s easier for an insurance company, members of the jury, and others to understand how a health care provider was negligent in practicing medicine. Plus, your Miami medical error attorney will probably work closely with medical experts as consultants.

Florida law contains the specifics regarding the requirements for an expert witness in a medical negligence case, since these professionals are necessary at different stages of litigation. You might find it useful to review a summary of the statutory requisites, as well as the role these professionals play in your case.

The Purpose of Expert Testimony

There’s a wealth of complicated concepts and technical terminology involved with the practice of medicine. At the same time, the people who will be deciding a medical malpractice claim don’t have a background in health care. Medical experts participate in your case by filling the gaps concerning three important issues:

1. Providing a description of what the relevant standard of care would be under the circumstances
2. Explaining how your health care provider deviated from the standard of care when treating you
3. Establishing a link between the failure to provide proper care and the injuries you sustained.

The standard of care refers to how another qualified doctor would have treated you if he or she was in the same situation as your own physician.

Investigation and Affidavit

Under Florida law, your attorney is required to investigate the relevant issues in your medical malpractice case. The point is to protect against frivolous litigation by ensuring there are reasonable grounds to pursue a claim. A medical lawyer can meet this standard by providing a sworn statement from a medical expert, stating that it is his or her opinion that there is a credible cause of action. This affidavit must be presented before filing a lawsuit, through a Notice of Intent to Initiate Litigation. 

Requirements for Medical Experts

The statute is very specific on the qualifications for an expert to participate in a medical malpractice case. Beyond the obvious – having a medical license – physicians can only offer input on the standard of reasonable care if they’ve practiced medicine for 3-5 years immediately preceding the alleged act of malpractice. An expert may meet this requirement by:

• Engaging in clinical practice
• Instructing students at an accredited medical school
• Participating in a qualifying clinical research program
  

In addition, the expert must practice in the same specialty area of medicine as the physician who treated you.

Strategic Requirements for a Medical Expert’s Input

From the perspective of developing a strong, credible case for medical malpractice, an expert can support your lawyer by helping answer two key questions:

1. Did the health care provider follow the relevant standard of care? To establish your right to compensation for medical malpractice, you need to show that your doctor deviated from what another physician would have provided under the same or similar circumstances.
2. Did a departure from the standard of care directly cause harm to the patient? Once you get over the hurdle of #1 above, you still need to prove that the deviation from this standard was the reason you suffered harm. There are often many different issues involved with a medical situation, any of which may have been a cause or contributing factor. A medical expert can answer this question to show that your health care provider’s mistake was the reason behind your injuries.

Types of Health Care Experts That Support Florida Medical Malpractice Claims

When you suffer harm because of a health care provider’s negligence, you should never expect him or her to admit making a mistake or apologize. In fact, you may encounter significant roadblocks in trying to recover compensation as the victim of malpractice. You will have to rely on multiple, solid forms of evidence, and an important source in these cases is medical experts. Fortunately, Florida law allows these individuals to provide expert testimony in a case as long as they meet the numerous criteria listed in the statute on the qualifications of experts.

Physician Experts

In this category, you will find medical doctors who have experience in the same practice area or specialty as the health care provider who is being accused of malpractice. In Florida, the basis for proving a med mal claim is showing that the physician deviated from the generally accepted standards that other doctors in the same position would have applied in treating the patient. The physician expert essentially steps into the shoes of the defendant doctor to determine whether there was a departure from the medical standard. Therefore, the expert in your case must be someone in the same specialty area. 

Nursing Professionals

Licensed nurse practitioners, registered nurses, and other nursing experts may work on your case because they are on the front line for patient care in hospitals, clinics, and many other facilities. They know the procedures and practices for:

• Notifying doctors about a change in a patient’s condition;
• Administering medication;
• Tracking patient charts;
• Issuing alerts regarding a patient’s medical history; and
• Many other details.

Because they are so closely connected with the patient’s care, nurses can commit medical malpractice too.  As such, a nursing expert will be required to testify in a case involving errors by the nursing staff. 

Pharmaceutical Experts

This group of professionals has in-depth knowledge about the medications that a health care provider may prescribe or recommend for over-the-counter treatment. If there were mistakes in dosage, type of drug, drug interactions, contraindications, and other issues with administering medication, your claim may receive support from professionals in the pharmaceutical field. 

Other Experts in Medical Specialty Areas

In addition to the physician experts in certain niche medical areas, you may also benefit from insights offered by additional specialists. Radiology professionals are often involved with med mal claims for misdiagnosis, since they can testify on what is shown through X-rays, CT scans, other imaging tests, and lab screenings. If the treatment does not align with what the radiology expert sees, there may be solid evidence of malpractice.

Reach Out to Our Florida Medical Malpractice Lawyers Today 

If you suffered bodily harm because of medical malpractice, the attorneys at Freidin Brown, P.A. are prepared to handle the legal process on your behalf – including retention and consultation with expert witnesses. We pride ourselves on being able to find the most highly qualified experts who are right for your specific case. Please contact our offices in Miami or Fort Myers, FL to schedule a no-cost case evaluation today. We can provide more information on your rights and remedies after we review your specific circumstances.