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Expert Witnesses in Maryland Malpractice Cases

labWhen you have been the victim of medical malpractice, it can be hard to know what to do next. Dealing with the harm is hard enough, and we know the last thing you want to think about is filing a lawsuit. At Arfaa Law Group, our compassionate Baltimore medical malpractice attorneys can analyze the facts of your case and advise you about how to proceed. We will try to make the process as seamless as possible for you.

Medical malpractice litigation often requires using expert witnesses. These witnesses are needed to educate the jury regarding complicated medical issues that often come up in a medical malpractice trial. Finding an expert can be extremely challenging, and the qualifications of the medical expert in your case will vary according to the facts of your case.

In Maryland, the Maryland Rules of Civil Procedure govern the admission of expert testimony in Maryland. Specifically, Rule 5-702 states that expert testimony may be admitted if the court decides that the testimony will help the trier of fact (either the judge or jury) understand the evidence or determine a fact at issue in the case. In making that determination, the court shall examine:  i) whether the witness is qualified as an expert by knowledge, skill, experience, training, or education; ii) the appropriateness of the expert testimony on the particular subject; and iii) whether a sufficient factual basis exists to support the expert testimony. The basis of an expert’s testimony can come from a number of sources, including education, first-hand experience, research, and more.

It is important to note that before trial, a medical expert witness must substantiate a medical malpractice claim so that it can be properly filed. The requirements in Maryland for such an expert witness are as follows:

  • The expert witness must have clinical experience;
  • The medical expert must have engaged in work concerning the clinical practice; or
  • The medical expert must have provided instruction in medicine in the defendant’s specialty or a connected field of medicine, or in the field of medicine in which the defendant provided care or treatment to the plaintiff, within five years of the date of the alleged medical malpractice. In some cases, the medical expert must be board-certified in the specific area of medicine that is in question.

Once a medical expert has the qualifications outlined above, a medical malpractice lawyer can file a Maryland Certificate of Merit. This requirement is meant to parse out frivolous claims from legitimate ones.

At Arfaa Law Group, you can trust that we will work diligently to consult the leading experts needed in your case. We understand the importance of working with experts who can simplify complicated medical issues for the jury. With years of experience, we are well versed in medical malpractice cases, and you can rest assured that we can zealously advocate for your rights at every step of the way. To discuss your case in more detail, do not hesitate to call 410-889-1850 or contact us online.

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