Miami Personal Injury Lawyer Blog
The human body is a complicated machine, which is why the practice of medicine is so highly complex and technical. In the case of a Florida medical malpractice claim, the facts and arguments are also very convoluted. To simplify medical definitions and concepts, all parties will rely on medical experts. The Florida Evidence Code provides that qualifying individuals can testify regarding scientific and specialized knowledge, which will assist the jury in determining a fact at issue.
Plaintiffs in a medical malpractice case will call a medical expert to support their claims, while defendants will retain their own to fight the allegations. Still, there are some specific tasks that a medical expert will complete to help with your case and meet certain statutory requirements. Your Miami medical malpractice lawyer will take the lead with strategy, and you can read on for information on what medical experts do for your case.
Prepare Written Opinion
The requirements of a medical malpractice lawsuit are more extensive than other personal injury matters, particularly with the reasonable investigation that must take place before filing the case. The facts of your case must be sufficient to show a good faith belief that a healthcare provider engaged in medical negligence regarding your care.
When filing your complaint, your attorney must provide a certificate attesting to this good faith belief. The most effective way to meet this requirement is by obtaining a written opinion from a medical expert.
Identify Standard of Care
A medical expert may also be involved in your case behind the scenes. One important factor in your claim is establishing the standard of care that applies to the situation since a physician is required to provide services in accordance with that standard. Factors to review include the skill, level of training, and experience of your doctor and comparing them to a hypothetical physician with the same background. Your medical expert will also assess the surrounding circumstances, such as the nature of your medical condition and whether care was provided on an emergency basis.
Show Breach of the Standard of Care
Once a medical expert evaluates and establishes the medical standard of care, it is still necessary to prove how your physician deviated from it. Again, medical experts will review your healthcare provider compared to a doctor with the same training in the same set of circumstances. If the evidence proves that your provider departed from the standard and did not provide care in the same way another physician would, you may recover compensation for your losses.
Our Miami Medical Malpractice Attorneys Will Develop a Solid Strategy
Because of their importance in proving your case and reviewing the standard of care, medical experts play a central role in medical malpractice claims. For more information, please contact Gerson & Schwartz, PA, to schedule a free consultation. You can call (305) 371-6000 or visit our website to reach our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. After reviewing your circumstances, a Florida med mal lawyer will advise you.
