Expert Witnesses and Scientific Evidence
Expert Types
A standard of care expert establishes what a reasonably competent professional would have done in the same circumstances and opines on whether the defendant complied. The testimony is essential in medical malpractice, nursing home, and professional liability claims.
Qualification frequently requires practice in the same or a substantially similar specialty, and several states impose statutory requirements on the expert's recent clinical experience.
Alternative Names:
Standard of Care Witness, Liability Expert
Why it Matters?
Without qualified standard of care testimony, a professional negligence claim fails as a matter of law in nearly every jurisdiction. That makes challenging the expert's qualifications, rather than their conclusions, the most efficient defense in many cases. Statutory specialty and active practice requirements are strict and mechanical, and they defeat claims that would otherwise survive on the merits.
Frequently Confused with
Related terms
Frequently asked questions
Must the expert practice in the defendant's specialty?
Is expert testimony always required to prove malpractice?
