How We Prove What Went Wrong: The Role of Medical Experts in Florida Cases

Medical MalpracticeLiberman Cabrera Thompson & Reitman

Medical malpractice cases involve complex examinations of the circumstances surrounding injuries that occur due to a medical procedure, examination, or surgery. In Florida, if you or a loved one has been injured due to the negligence of a medical professional, you must have the evidence needed to back up your claims. With such complex fact patterns to consider, where can you find the evidence required to win your case?

Expert witnesses provide clarity on the most critical issues in a medical malpractice case. These experts have a thorough understanding of the information relevant to the assertions you are making to a judge or jury. The most minor details of a medical malpractice case are often what make the most significant difference in your bottom line. Using medical experts effectively can help prove that the medical professional in your case failed to deliver an acceptable level of care. 

The Fort Lauderdale medical malpractice attorneys at Liberman Cabrera Thompson & Reitman serve injured Floridians both inside and outside the courtroom. Our team of experienced medical malpractice lawyers knows how to utilize medical experts best to maximize your compensation.

Why do you need medical experts?

Very few people, including juries and judges, have a background in medicine. As a result, the complex terminology and procedures discussed in a medical malpractice case can be extremely difficult to understand. Florida courts rely on medical experts to help make complex concepts understandable for a judge or jury, who are just average people without the advanced education of a doctor.

Medical malpractice cases can hinge on dense medical records, complicated procedures, and a thorough understanding of the timeline of events leading up to a decision made by a doctor or other medical professional. A medical expert helps provide judges and juries with a broader understanding of the circumstances that led to your injury. Without this understanding, it would be impossible for the judge or jury to determine whether the medical professional acted appropriately within the standard of care. 

But beyond helping to clarify medical facts, medical experts are not optional in Florida—they are required by law. Under Florida Statute 766.102(5), only an expert in the same specialty as the health care provider accused of malpractice can establish whether that provider breached the standard of care. In other words, if you’re bringing a case against an orthopedic surgeon, your expert witness must also be an orthopedic surgeon. This legal requirement ensures that liability can only be established by someone with the same level of training, experience, and specialization as the defendant.

Failing to meet this requirement can result in your case being dismissed before it ever reaches trial. That’s why securing the right medical expert (someone qualified in the same specialty) is not just helpful, it’s absolutely essential under Florida law.

What role does a medical expert play in a Florida medical malpractice case?

A medical expert does not only testify in court (although he or she may be called upon to do so). An expert reviews in detail the evidence for your malpractice claim. An in-depth study of the medical records, physician notes, and timeline of events will be conducted, which helps place the medical expert in the position of the professionals responsible for providing you with care. 

After gaining a thorough understanding of the circumstances that led to your injury, our experts help to establish a standard of care for your case. A medical professional must act with a certain level of skill. Doctors, surgeons, and other specialists must treat you as a patient within that standard of care. In other words, did your treatment provider display the same competency that a reasonable healthcare professional would have exhibited? Depending on their answer to this question, a medical expert will explain why the treating provider either met or failed to meet the standard of care. 

Proving causation and testifying in court

Once a standard of care has been determined, the medical expert may offer an opinion on causation. Did the actions or inactions of the medical professional cause the injury you suffered? This is another complex question that hinges on a complete understanding not only of appropriate levels of care but also the specific circumstances that led to your injury. An experienced Fort Lauderdale medical malpractice attorney knows how to help you manage your case and utilize the services of a medical expert. 

Ultimately, medical experts provide a vital service to litigants, juries, and judges when testifying in court about their specialized knowledge and opinions. Their review of the evidence has led the expert to develop views that become the basis for their testimony. Inevitably, both parties and their attorneys will have questions for the medical expert. Depending upon the credibility and content of the medical expert’s testimony, a decision can hinge on that expert’s opinions. 

Why choosing the right medical expert matters to plaintiffs injured in a medical malpractice claim

Before considering how to select the best medical expert for your medical malpractice case, it is essential to first think about choosing the right Fort Lauderdale medical malpractice attorney. The attorney serving you in your medical malpractice case interacts significantly with medical experts, and the choice of representation matters.

An experienced medical malpractice attorney knows how to prepare an expert witness for testifying and examining a case to establish the standard of care. Your attorney is the best resource the medical expert has for gaining a strong understanding of the issues and circumstances of your case. 

The better the medical expert understands your case, the more able he or she is to give accurate, concise, and effective testimony. This introductory information provided by a medical malpractice attorney provides the experts with the foundation needed to build a convincing case. Working with attorneys who excel at communicating complex concepts and circumstances places you in an advantageous position. 

Contact Liberman Cabrera Thompson & Reitman for a confidential consultation

When you have suffered a severe injury due to an act of medical malpractice, you do not have a moment to waste. The attorneys with Liberman Cabrera Thompson & Reitman understand the issues you are facing. Our team of legal professionals has served many Floridians facing difficult circumstances following a catastrophic medical event.

We take our responsibility to serve our clients seriously. For a confidential consultation, please contact us today. Don’t allow your injuries or pain to go unaccounted for. Fight for your rights with experienced Fort Lauderdale medical malpractice attorneys