In medical malpractice litigation having the right expert on your side is crucial. In Florida, medical malpractice, or medical negligence, cases are governed by chapter §766 of the Florida Statutes. Under the law, a plaintiff is required to present the testimony of a medical expert in support of its claim. This seemingly simple requirement is actually very complex and is often disputed in medical negligence cases.

In order for a doctor or other medical professional to offer expert testimony in medical negligence cases, either for the Plaintiff or for the Defendant, he or she must meet the strict qualifications set forth in §766.102(5), Florida statutes. This section details the specific requirements that must be met by any prospective expert in order to qualify by law. You may be surprised to hear that this statute contains different requirements for different types of cases, which is why it is so important to make sure you have the right expert witness on your team. For example, among other requirements, the statute requires that you find an expert in the same specialty as the defendant, if the defendant is a specialist, however if the defendant is an emergency toon physician than the expert needs only to have “substantial professional experience” in an emergency setting. This may seem like a subtle difference, but the practical effect of choosing the wrong expert can be fatal to your case. The terms “same specialty” and “substantial professional experience” are more nuanced than you might expect and have resulted in a substantial amount of litigation. 

An experienced medical malpractice attorney can help you understand what is involved in a medical negligence case, and will find a qualified doctor to serve on your behalf as an expert witness. We pride ourselves in helping our clients every step of the way, and one of the first steps in medical malpractice litigation is to engage the right medical professional to serve as our advisor and eventually expert witness. With the right team in place, we are able to litigate with knowledge and understanding of the medical issues and advocate for our clients in the best possible way. 

At the Law Office of Robert N. Pelier, P.A. we take pride in serving our local South Florida community and providing experienced, and knowledgeable legal services. Medical negligence cases can be very emotional, complex and time consuming; we strive to offer our clients the best possible outcome and to be in their corner every step of the way.  We have decades of experience civil cases of all kinds, including breach of contract, medical malpractice, insurance disputes, business disputes, personal injury, crime victim advocacy and much more. Our experience helping and advocating for our clients in South Florida can help you.