You will most likely need an expert witness for your Florida medical malpractice case. Florida law requires you to present expert medical testimony to show that the accused care provider breached the acceptable standard of care and malpractice occurred.
If you are working with a Florida medical malpractice lawyer, they will have access to experts they can call on for this purpose. Our firm has a large network of doctors, specialists, and other medical experts we rely on to provide expert testimony in these cases.
Florida Law Requires A Pre-suit Investigation In Medical Malpractice Cases
Under Florida Statutes § 766.203, the state requires a pre-suit investigation before you are allowed to file a medical malpractice lawsuit. As part of this process, you must obtain an affidavit or other testimony from a qualified medical expert stating that there is a reason to believe malpractice occurred.
This verified medical opinion is a part of the paperwork served along with the pre-suit notice to the accused parties in the case. This means it is necessary to work with the expert in the earliest parts of building your case against the negligent doctor or hospital.
The Expert Witness Establishes the Expected And Appropriate Standard of Care
Expert witnesses often play more than one key role in medical malpractice claims. While judges and lawyers know the law, they are not doctors. Neither are jurors. Medical experts help bridge the knowledge gap to ensure all parties understand what should have happened, what did happen, and how it affected the victim.
This could include:
- Defining the acceptable standard of care applicable in the specific situation
- Explaining how the accused deviated from that standard
- Proving that the deviation caused the injuries suffered
- Documenting future effects and care needs because of the injuries
Who Qualifies As A Medical Expert Witness For A Medical Malpractice Case?
Under Florida Statute § 766.102(5), the medical expert witness must be a licensed healthcare provider working in the same or similar specialty as the accused party. They must have recent clinical experience and cannot devote the majority of their work to testifying in these cases. In other words, they must be a practicing provider in the same field.
Our firm has a network of physicians, surgeons, specialists, and other healthcare providers we can call on to help us get the medical expert opinions we need in these cases.
Are There Ever Exceptions To The Rule?
Florida courts almost always require expert testimony from a medical doctor or other licensed provider in these cases. For example, if the behavior of the care provider is so egregious that any reasonable person could see negligence occurred, expert testimony may not be necessary.
These and other circumstances can be hard to identify without legal help, and your attorney will likely recommend working with an expert to support your claim, regardless of the claim.
How An Attorney Will Help With Your Florida Medical Malpractice Claim
The Florida medical malpractice process is complex, especially when it comes to navigating stipulations for expert witnesses, requirements for pre-suit investigation, and other complex legal matters. If you are healing from injuries related to medical malpractice, you do not need to add to your own stress. When you trust our team with your case, we can:
Find The Right Medical Expert
We know the rules for who qualifies as a medical expert witness and have access to a network of reliable, credible experts. We will handle this for you, identify the best-fit expert, and ensure your case is taken seriously by all involved parties.
Get The Expert Opinion
Before you can file a medical malpractice lawsuit in Florida, you need a medical expert to review your case and sign a sworn statement saying malpractice likely occurred. Your lawyer will ensure the opinion letter is properly written and all of the strict procedural rules are followed.
Prepare The Expert for Trial
When necessary, our attorney will prepare the medical expert to testify on your behalf. The expert will likely need to explain the medical details to a judge or jury in a way that non-doctors can understand. Our lawyers can anticipate what the defense will do and prepare the expert to respond accurately and in an easy-to-understand way.
Handling All The Paperwork and Deadlines
The process of filing and litigating a Florida medical malpractice case is challenging. There are many forms to file, deadlines to meet, and rules to follow. This is especially true when it comes to the pre-suit investigation and the involvement of expert witnesses. Your attorney will manage all required notices, develop the case, and meet all deadlines.
Under Florida Statutes § 95.11, we generally have two years to begin a lawsuit. However, the timeline in these cases can be complex. This is especially true in cases where the malpractice wasn’t immediately apparent or the injuries took time to surface.
Protecting You From Defense Tactics
Doctors, other providers, hospitals, and their insurance carriers do not like to admit to malpractice or pay claims. While many of these cases do settle following the pre-suit investigation or during litigation, the defense attorneys often work hard to discredit medical expert witnesses to avoid paying out in malpractice claims.
Our attorneys know the tactics they use and are ready to fight back by defending the expert using their qualifications, challenging the defense experts if they are weak or biased, and working to keep the case focused on the facts of what happened and the injuries you suffered.
Talk To Our Florida Medical Malpractice Team Today About Your Case
At Anidjar & Levine, our team provides a free consultation for those who believe they were hurt by a doctor’s negligence. If you believe you were a victim of medical malpractice, contact us today. We will review your case and discuss your options. If you are already a client, we will be happy to answer your questions about the pre-suit process and expert witnesses.
Our attorneys represent clients based on contingency. Call today to learn more during your free consultation with our team.
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