In filing a medical malpractice lawsuit in Naples, proof will require the unwavering and convincing testimony of an expert witness who will help you establish that:
- The medical staff responsible for your care were negligent;
- That negligence resulted in an injury to you;
- That injury sustained entitles you to receive damages.
In order to be considered an “expert” witness in a medical malpractice case, it’s not enough that someone holds a doctorate degree. In fact, the state of Florida lays forth very specific criteria for who may testify in medical malpractice case.
In fact, it’s been quite a contentious issue here, with the Florida Supreme Court in December refusing to adopt a part of state law that creates restrictions on which doctors can testify during medical malpractice trials. As the Insurance Journal recently reported, the law, designed to help doctors better defend themselves in malpractice cases, would limit expert witnesses called to testify against physician defendants to only those individuals who practice the exact same kinds of medicine as the defendant. The law barred those in similar fields from acting as expert witnesses. The Florida Supreme Court determined this would have a chilling effect on the ability of people to find witnesses in Florida medical malpractice cases. In fact, the Florida Bar Board of Governor’s voted 34-5 to recommend the court reject the law, calling it unconstitutional.