The Cook & Tolley Blog

Are there special requirements for malpractice expert testimony?

If a Georgia doctor, physician or health care provider caused you harm either through action or inaction, you may wish to file a medical malpractice claim. If you do so, you will need to establish four elements, one of which is breach of duty. In Georgia, you need a qualified medical expert to show that the treatment your physician provided fell below the generally accepted standard, or that he or she failed to provide treatment at all. However, you cannot have just any medical expert on the stand; the expert must meet the requirements of the jurisdiction in which you filed your case.

Experts must have timely and relevant experience, training, knowledge, education and skill. Additionally, Georgia has several peculiar requirements that apply to experts who are testifying about medical malpractice.  The rules vary based on whether the allegedly negligent healthcare provider is a doctor, nurse, therapist, or other type of provider. In a nutshell, though, the expert has to have familiarity with the subject matter through recent experience or recent teaching at an accredited school.

The content shared here is for educational purposes only. It should not be construed as legal advice.

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