Guide
Do I Need an Expert Witness for a Malpractice Claim?
Why medical malpractice cases almost always require expert testimony
If you're comparing a possible malpractice claim to a general injury case, one of the biggest differences you'll run into is the expert witness requirement.
- In nearly every state, malpractice claims require a qualified medical expert to testify about what the standard of care was and how it was breached
- Some states require an expert affidavit or certificate of merit to be filed early in the case, sometimes even before a lawsuit can proceed
- The expert is usually a practitioner in the same or a closely related specialty as the provider being evaluated
- Expert review can also help establish causation -- that the breach, not an unrelated factor, caused your harm
- Without a qualifying expert, many malpractice claims cannot move forward at all, regardless of how the outcome felt
This requirement is one of the main reasons malpractice cases are more complex than typical personal injury claims, and why working with an attorney experienced in malpractice specifically -- who has relationships with qualified medical experts -- matters so much.
This article provides general information only, not legal or medical advice. Medical malpractice claims are highly fact-specific and state-law-dependent. Using this site doesn't create an attorney-client relationship -- a licensed attorney in your state, usually working with a qualified medical expert, is the only way to evaluate your specific situation.
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