Florida Court: MedMal Testimony Must Be From Expert In Same Specialty

The Florida Appeals Court in Osceola County rejected a medical malpractice lawsuit by a plaintiff against her orthopedic surgeon. The plaintiff alleges that she suffered a broken femur during a hip replacement surgery. Although the plaintiff submitted opinions from an emergency room physician, a radiologist and a nurse, defendants argued that the expert opinions did not meet the requirements of the law because the testimony did not come from healthcare professionals in the same medical specialty as her surgeon.

Medical malpractice litigation requires a medical expert witness who has experience in the same specialty as the defendants. These experts compare what the defendant did or neglected to do against the standard of care in that medical field. The expert witness should practice a medical specialty pertaining to the case.

Litigation in orthopedic surgery may arise from a poor surgical outcome which resulted in a loss of function.  Allegations include improper surgical technique, infection, or other complications. The orthopedic surgery expert witness examines the material facts of the case which include medical records as well as lay witness testimony. These medical experts play a vital role in assessing case strength. It is therefore imperative to identify and select outstanding experts at the earliest possible opportunity. Elite Medical Experts provides leading university healthcare experts hand-selected to provide medical testimony regarding medical negligence. Contact Elite to be connected with a full-time practicing professor whose expertise is tailored to the fact pattern in your case.