Your case involves a surgical error. Is it acceptable to bring in a pediatrician to testify in your surgical malpractice practice case?

The answer is no. Ideally, you want to bring in a medical expert who has the same type of qualifications as the doctor that you have brought a lawsuit against.

That type of physician will best know what the standards of medical care are compared to a doctor who does not specialize in that field of medicine.

If a pediatrician were to try and testify in a case involving claims of wrongdoing against the surgeon, he would be destroyed on cross-examination.

It would not matter that the pediatrician may have some knowledge of the standards for a particular surgical procedure.

If your case involves surgical error, then you would want a well-qualified board certified surgeon to come in and explain that he does this procedure all the time and is very familiar with the standards of care regarding this particular procedure.