To be qualified as an expert in a medical malpractice trial an expert must possess education, training, knowledge and experience sufficient to enable the expert to provide credible and competent testimony. The expert must also have an unrestricted medical license and must have been actively practicing medicine or teaching medicine within the last five years. The expert must also have experience in the same field of medicine as that practiced by the defendant in the lawsuit or be board certified in the same specialty as the defendant doctor.
The Court may waive the specialty requirement if the defendant doctor provided care for a medical condition outside the defendant’s specialty and/or where the Court concludes that the expert is otherwise competent.
Practice Tip: Always seek to employ the services of an expert who possesses qualifications in the SAME subspecialty of each defendant in the case. This will eliminate the possibility of a Judge finding that your expert lacks proper qualifications at a point in the litigation when it is too late to employ alternative experts.