Dueling Doctors: An Argument for Specialized Medical Testimony

In Florida, the rules for allowing medical experts to testify in court can vary a lot depending on the type of case. Recently, there have been some changes that make it harder for certain types of doctors to testify. But overall, the rules are still pretty flexible and depend a lot on the judge’s decision. Expert testimony in court cases can be confusing and misleading, especially when experts try to talk about things outside their area of expertise. In Florida courts, there are rules to make sure that experts are truly knowledgeable in the specific field they are testifying about. For example, in medical malpractice cases, experts must have the same specialty as the doctor being accused. This helps make sure that the expert knows what they’re talking about. It’s important for experts to stick to what they know best, so they can help the judge and jury understand the evidence properly.
In simple terms, this law says that if someone wants to testify as an expert in a medical malpractice case, they have to be a licensed healthcare provider and meet certain criteria. If the healthcare provider being accused is a specialist, the expert witness has to specialize in the same kind of specialty or a similar one and have recent experience in that area. They also have to be actively practicing, teaching, or doing clinical research in that specialty. If a doctor is being sued for malpractice, the expert witness testifying against them must have specialized in the same area of medicine for at least five years. Even if they’re not a specialist, they still need at least three years of experience. These rules are similar in other states like Utah, Michigan, Colorado, and Texas. In Michigan, the expert witness must also be board certified in the same specialty as the doctor being sued. Just having book knowledge or a short training course wouldn’t be enough to qualify as an expert witness. In Colorado, Utah, and Texas, courts have strict standards for expert witnesses. They must have deep knowledge and experience in their specific field, and their qualifications must be proven before they can testify. Courts also have discretion in deciding whether an expert is qualified, and may deny permission for an expert to testify if they don’t have the required knowledge. Different medical specialties have different qualifications, and a psychologist, for example, can’t testify about medical issues. There are also questions about how many experts can testify in a case and whether they can overlap in their expertise. Overall, experts must have a high level of knowledge and experience in their field to testify in court. Evidentiary rules give courts the flexibility to decide when expert testimony can be used in a trial. In medical cases, the admission or exclusion of expert testimony can make or break the outcome of the case. Courts have to decide if the expert’s testimony is similar enough to be fair and not misleading.

Source: https://www.floridabar.org/the-florida-bar-journal/dueling-doctors-an-argument-for-specialized-medical-testimony/