In the medical profession in recent years the status of nursing has changed. Although they have some overlapping functions, it has been determined legally that nursing and medicine are two distinct professions. As such, in the courtroom, affidavits of merit and expert witness reports must have been prepared by a person in the same specialty as the defendant. A physician-signed affidavit that critiques a nursing professional’s specialized knowledge, skills, education, experience or training will be challenged in court on the grounds that the physician is not in the same specialty. Physicians simply cannot be used as expert witnesses in cases that involve nursing malpractice.

Florida statute 90.702 outlines the qualifications for Florida expert witnesses and how they can be used in civil proceedings. The statute defines an expert witness as a professional who possesses specialized skills, education, experience, knowledge and training that is not common to the average person. An expert witness is called upon in a trial to provide their expert opinion to help lawyers, judges, plaintiffs, defendants, and jurors understand complex technical, scientific, and medical issues relevant to the case. Medical experts are used as expert witnesses in cases involving medical malpractice, personal injury, worker’s compensation, wrongful death, and nursing home abuse. They are allowed to offer opinions on the prognosis of injuries, cause of injury or death, quality of medical care provided and future medical needs. There are some differences in what an expert witness can provide as opposed to a “lay witness.” Here are just a few: 

1. A lay witness can only testify about direct observations based solely on personal experiences, while an expert witness has the expertise to provide opinions, evidence review, data analysis and conclusions.
2. Lay witnesses can only rely on recalling events or reviewing statements, while expert witnesses prepare case specific evidence review and analysis in court.
3. Lay witnesses only offer factual accounts based on their own observation, while expert witnesses educate the court about complex matters and influence legal outcomes with expert knowledge.

The court determines if they deem someone qualifies as an expert witness by conducting a two-part test. First the subject of the case in question must merit expert witness testimony in order to help the judge and jury better understand the case. Second, the court determines if the expert being used is qualified to testify in the case. 

In a medically based case, clinical experience both in and outside of hospitals bears significant weight in terms of whether a legal nurse witness is credible and able to speak about the issues at hand. A good example of this is if a medical malpractice case involves the standard of care of an ICU nurse. In this case the best expert witness would be a legal nurse who is an RN with clinical experience in an ICU unit. After all, the standard of care in the context of an ICU, where lightning-quick action can mean life or death in these critical conditions, would be different from standard of care in another part of the hospital. So, as a lawyer, you must evaluate and determine what type of nurse may be needed as an expert witness for your specific case. When you choose the correct type of nurse for your client’s claim, it ensures the success for your client to get full compensation.

One of the reasons using one of our legal nurse professionals is your best choice for a medical expert witness is because our nurses are used to taking complicated medical jargon, guidelines and protocols and describing them in a way that patients, and as such, jurors, lawyers, and judges can understand them better as well. It allows everyone in the courtroom to understand how liability could have been avoided or prevented when the regulations are followed correctly. This is because our legal nurses possess the experience and training in standards of care similar to that of the plaintiff or defendant they are helping to represent. Expert witness credibility is based on their currency in the field, so it’s important to chose one that is currently or recently employed in the clinical area they will be testifying about. They are also able to identify other potential expert witnesses to call for your case.