Because these cases are so fact-intensive, expert witnesses play a critical role in helping attorneys, judges, and juries understand what happened and whether medical negligence occurred.
As a firm that’s secured record-setting recoveries in medical malpractice cases, our team at Edwards & Ragatz, P.A. understands the vital role experts play in positioning our clients’ claims for success. While we know the value of experts and cultivate an extensive network of professional connections to aid us in our efforts, we also take the time to explain to plaintiffs why they’re so important in these types of cases.
Florida’s Expert Witness Requirements for Medical Malpractice Cases
Florida law has specific requirements for expert witnesses in medical malpractice claims. Under Florida Statutes §766.102, a plaintiff must present expert testimony from a medical professional who practices in the same field as the defendant and meets certain qualifications. Additionally, Florida law mandates a pre-suit investigation process, which includes:
- Obtaining a medical expert affidavit – Before filing a lawsuit, the plaintiff must have a sworn affidavit from a qualified medical expert stating that there are reasonable grounds to believe malpractice occurred.
- Providing notice to the defendant – The plaintiff must notify the healthcare provider of the claim, triggering a 90-day pre-suit investigation period.
- Allowing for settlement discussions – During this period, the provider may choose to settle the claim, dispute the allegations, or deny liability.
Failure to meet Florida’s expert witness and pre-suit requirements can result in a case being dismissed before it even reaches court.
Why Are Expert Witnesses Essential in Medical Malpractice Cases?
Unlike other types of personal injury claims, where the concept of negligence may be easier to understand—such as a distracted driver causing a crash—medical malpractice cases involve standards of care that are beyond the knowledge of a typical juror, or even attorneys and judges. Medicine is a highly specialized field, and whether a doctor or hospital acted negligently is often a question that requires expert analysis.
Expert witnesses help attorneys:
- Explain the standard of care. Every medical professional is held to an accepted standard of care, which is based on what a competent provider in the same specialty and under similar circumstances would have done.
- Determine whether the provider deviated from the standard of care. Experts review medical records, treatments, and decisions to assess whether a provider’s actions (or failure to act) constituted negligence.
- Establish causation. It is not enough to show that a provider made an error; plaintiffs must also prove that the provider’s negligence directly caused the injury or worsened the patient’s condition. Experts help connect the dots between the medical error and the harm suffered.
- Quantify damages. Medical and financial experts can project the long-term impact of an injury, including necessary medical care, lost earning capacity, and quality of life considerations.
Because of their importance, some states—including Florida—have laws requiring that a medical malpractice case be certified by a qualified medical expert before it can proceed. This is known as a pre-suit affidavit of merit or expert certification, and it ensures that only valid cases move forward.
The Standard of Care in Medical Malpractice Cases
One of the primary tasks of an expert witness is defining the standard of care that applies in a given case. The standard of care is what a reasonably trained, skilled, and competent medical professional in the same specialty would have done under the same or similar circumstances. This standard varies based on several factors, including:
- The patient’s condition and risk factors
- The medical specialty involved (e.g., emergency medicine, surgery, obstetrics, etc.)
- The technology, treatments, and medical knowledge available at the time of the incident
- The hospital or facility’s resources and protocols
Once the applicable standard is established, an expert will analyze whether the defendant deviated from it. Examples of deviations that may constitute malpractice include:
- Failure to diagnose or misdiagnosis – Missing clear signs of a medical condition, such as failing to recognize symptoms of a heart attack or stroke.
- Surgical errors – Performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside a patient.
- Medication errors – Prescribing the wrong medication or dosage or failing to check for dangerous drug interactions.
- Birth injuries – Failing to recognize fetal distress, delaying an emergency C-section, or mishandling a newborn during delivery.
- Post-operative negligence – Failing to prevent or treat infections, sepsis, or other complications.
If an expert determines that a provider’s actions fell below the expected standard of care, the case may proceed to litigation.
Different Types of Expert Witnesses in Medical Malpractice Cases
Several types of experts may be involved in a medical malpractice case, depending on the nature of the claim. Some of the most common include:
- Medical Experts. These experts are typically practicing physicians or specialists who provide opinions on whether the defendant adhered to the appropriate standard of care. A board-certified surgeon, for example, may be called to evaluate whether a surgical mistake was preventable or whether it was within the bounds of accepted medical practice.
- Causation Experts. Even if a medical provider made a mistake, it must be shown that the mistake directly caused harm to the patient. Causation experts, often medical doctors or specialists, analyze the link between the provider’s negligence and the injury or worsening condition.
- Economic and Life Care Planning Experts. These experts evaluate the financial impact of an injury, including:
- Future medical expenses
- Lost earning capacity and career disruption
- Costs of ongoing therapy, rehabilitation, and home modifications
- The overall impact on the patient’s ability to work and live independently
- Hospital Administration and Policy Experts. In cases where hospital policies, staff training, or systemic failures contributed to malpractice, experts in healthcare administration can analyze whether a facility adhered to proper safety protocols.
How Our Firm Works with Expert Witnesses to Build Strong Cases
At Edwards & Ragatz, P.A., we have a track record of successfully litigating medical malpractice cases, which means we have built strong relationships with leading medical and forensic experts. Our legal team collaborates with top experts to:
- Conduct thorough case evaluations – Before pursuing a claim, we ensure that we have the expert opinions necessary to support a strong case.
- Gather and analyze medical records – Experts review documentation to determine whether a provider’s actions were reasonable under the circumstances.
- Present compelling testimony – Whether in depositions or trial, our experts explain medical concepts in a way that is clear and persuasive to juries.
- Demonstrate the full extent of damages – By working with life care planners and financial specialists, we illustrate the true cost of medical negligence.
Have a Case? Speak with a Lawyer Today.
Medical malpractice litigation is highly complex and requires the insight of skilled attorneys and medical experts. If you or a loved one suffered harm due to medical negligence, our team at Edwards & Ragatz, P.A. is here to help. We have the experience, resources, and expert connections necessary to fight for justice on your behalf.
Call (904) 295-1050 or contact us for a free and confidential consultation. We serve clients across Florida and beyond.