Medical malpractice cases require expert testimony. Specifically, expert testimony from someone qualified to opine on the standard of care that the defendant deviated from. In Delaware, plaintiffs must file an Affidavit of Merit signed by an expert who attests there is a "reasonable probability" the care fell below the standard.
What "qualified" means
The expert must practice in the same specialty as the defendant — or, in many cases, the same subspecialty. A general surgeon cannot opine on the standard of care of a board-certified vascular surgeon. A family medicine physician cannot opine on the standard of care of a pediatric oncologist. Defense counsel will move to strike experts who don't match — and judges grant those motions.
Why board certification matters more than license
A licensed physician is permitted to practice medicine. A board-certified physician has passed standardized tests in a specialty and maintained continuing certification. In malpractice cases, board certification is the floor, not the ceiling. The strongest cases are built on experts who are board-certified in the same specialty AND have published or taught in the relevant area.
How we vet experts
We work with a network of credentialed experts across specialties. For each case, we confirm: current board certification, no recent malpractice judgments, no disciplinary actions, recent practice in the area at issue, and willingness to testify in Delaware. The vetting is unglamorous but decisive.
If you suspect malpractice, we'll review your records at no cost.
— Law Offices of Kevin F. Shaw · Medical Malpractice