What type of expert testimony is necessary in medical malpractice claims?

In Virginia, expert testimony is necessary to make a successful medical malpractice claim. This form of testimony is designed to provide an educated opinion based on the facts of the case. Expert testimony is usually given by a doctor, who may be trained in the same area as the defendant and is able to offer an opinion as to the standard of care and the adherence to that standard by the defendant. Other types of experts may be called upon to help build a case for medical malpractice such as pharmacists, nurses, and medical technicians. These medical professionals may be called to present their opinion as to the parameters of the care that the defendant should have provided. Additionally, experts from other disciplines such as engineering, accounting and economics may be necessary in some cases where issues such as damage awards need to be determined. To be considered as expert testimony in a medical malpractice case in Virginia, the opinion of the expert must be based on a reasonable degree of medical or scientific certainty. This means that the expert must be able to back up their opinion with substantial evidence and knowledge of the area in question. In some cases, expert testimony may be provided by a third-party witness. In any case, the opinion of the expert must be based on the facts of the case and should not be based on any personal bias. Additionally, since medical malpractice cases are usually highly technical, it is often necessary to have a medical expert explain certain concepts or principles to the jurors.

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