The Role of Experts in Florida Medical Malpractice Claims

When dealing with a medical malpractice claim in Florida, things can get complicated fast. One of the most important parts of these cases is the role of expert witnesses. In this blog, we'll break down why expert testimony is so important in medical malpractice cases and how it can affect the outcome of your claim. 

In a medical malpractice claim, the person making the claim (the plaintiff) has to prove that the healthcare provider did not follow the standard care. This is where expert witnesses come in. Their job is to explain whether the healthcare provider’s actions were up to the standard expected in similar situations. 

In Florida, not just anyone can be an expert witness in a medical malpractice case. The expert usually needs to be a licensed healthcare provider who works in the same field as the defendant (the person being sued). The expert’s testimony helps the court understand medical procedures, what the standard care should be, and if the defendant did their job correctly. 

Example: How Experts Help in Real Cases  

Take the case of Buzan v. Mercy Hosp., Inc. , where a patient sued after a surgical sponge was left inside him after surgery. The patient needed an expert witness to say that leaving a sponge inside a patient was below the standard of care expected from a surgeon. In cases like this, expert testimony often makes the difference between winning and losing. 

The main job of an expert in a medical malpractice case is to define what the standard care is and whether the defendant met that standard. The expert looks at medical records, reviews the evidence, and gives an opinion on whether the healthcare provider did their job well. 

In Florida, the standard of care means the level of care, skill, and treatment that is generally accepted as proper by other healthcare providers in similar situations. The expert's testimony helps the jury or judge understand what this standard looks like and how the defendant’s actions compare. 

Proving causation is another big part of a medical malpractice claim. It’s not enough to show that the healthcare provider made a mistake; the plaintiff also has to prove that this mistake directly caused harm. Expert witnesses are essential in showing how the defendant's actions led to the injury. 

For instance, in the case mentioned earlier, the expert might need to explain how the sponge left inside the patient caused specific health problems, linking the defendant’s mistake to the harm suffered by the patient. 

While expert testimony is crucial in medical malpractice claims, it’s not always easy. The other side will often try to discredit the expert’s qualifications or conclusions. That’s why it’s important to have a credible and respected expert on your side. 

In Florida, the expert must give testimony based on a reasonable degree of medical certainty. This means their opinion needs to be solid and reliable, not just a guess. 



Understanding the role of an expert in a Florida medical malpractice claim is key to pursuing your case. Expert witnesses play a critical role in explaining the standard of care, proving causation, and influencing the outcome of your claim. If you think you’ve been a victim of medical negligence, it’s important to work with a knowledgeable medical malpractice attorney who can find the right experts to help you.