[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-can-testify-expert-witnesses-in-professional-malpractice-cases\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-can-testify-expert-witnesses-in-professional-malpractice-cases\/","headline":"Who Can Testify? Expert Witness in Professional Malpractice Cases","name":"Who Can Testify? Expert Witness in Professional Malpractice Cases","description":"In a professional malpractice case a jury is asked to determine whether a professional caused the plaintiff\u2019s injury by deviating from the standard of care. These cases present complex issues that are often difficult for jurors to understand, and it is unlikely that any particular juror will be trained in the same field as the… Continue reading Who Can Testify? Expert Witness in Professional Malpractice Cases<\/span><\/a>","datePublished":"2014-11-25","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2025\/11\/expert-witnesses-1.webp","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2025\/11\/expert-witnesses-1.webp","height":1067,"width":1600},"url":"https:\/\/butlerfirm.com\/blog\/who-can-testify-expert-witnesses-in-professional-malpractice-cases\/","about":["Medical Malpractice"],"wordCount":427,"articleBody":"In a professional malpractice case a jury is asked to determine whether a professional caused the plaintiff\u2019s injury by deviating from the standard of care. These cases present complex issues that are often difficult for jurors to understand, and it is unlikely that any particular juror will be trained in the same field as the defendant professional. Because of this, the law allows expert witnesses to testify and assist the jury in understanding these issues.Expert Witness RequirementsUnder Georgia law, there are several requirements that an expert witness must meet before he or she may testify in a professional malpractice case. First, the witness must possess sufficient \u201cknowledge, skill, experience, training, or education\u201d to be qualified as an expert in the area in which the witness is testifying.\u00a0 O.C.G.A. \u00a7 24-7-702(b).Second, the witness must be licensed in one of the states of the United States at the time the defendant\u2019s negligent conduct occurred. Wilson v. McNeely, 307 Ga. App. 876 (2011); O.C.G.A. \u00a7 24-7-702(c)(1).Third, the witness must be \u201cpracticing or teaching in one of the states of the United States at the time\u201d the defendant\u2019s negligent conduct occurred. Id. Maintaining a license, without more, is not enough to satisfy the practicing or teaching requirement.\u00a0See Id.Special Requirements for Medical Malpractice CasesAn expert witness in a medical malpractice case must meet additional requirements, along with the three above, before he or she will be allowed to testify. First, the expert must have \u201cactual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given. . .\u201d O.C.G.A. \u00a7 24-7-702(c)(2). The \u201cactual professional knowledge and experience\u201d must come about by actively practicing or teaching for three of the last five years, \u201cwith sufficient frequency to establish the appropriate level of knowledge. . .\u201d\u00a0Id.Second, the expert witness must be a member of the same profession as the defendant.\u00a0O.C.G.A. \u00a7 24-7-702(c)(2)(C)(i). The expert, however, is not required to have the same specialty as the defendant. Cotten v. Phillips, 280 Ga. App. 280 (2006).The Importance of Tendering a Qualified ExpertIn all professional malpractice cases the plaintiff has the burden of proving that the defendant professional deviated from the standard of care. If the plaintiff does not produce expert evidence of what the applicable standard of care is, he or she cannot show that the defendant deviated from it. When this happens, the defendant is entitled to summary judgment. Oehlerich v. Llewellyn, 285 Ga. App. 738 (2007)."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Can Testify? Expert Witness in Professional Malpractice Cases","item":"https:\/\/butlerfirm.com\/blog\/who-can-testify-expert-witnesses-in-professional-malpractice-cases\/#breadcrumbitem"}]}]