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The expert supplies medical analysis of the standard of care, a possible departure, and causation. The attorney evaluates how that opinion and the evidence fit the claim's legal requirements.
As a general rule, Puerto Rico case law requires expert evidence to establish the medical elements of a malpractice claim; limited exceptions may require legal analysis.
A favorable preliminary opinion does not replace the full report or guarantee success. Records may be missing, another specialty may be needed, or alternative explanations may emerge. Understand each stage's scope and cost at the outset.
The expert should address the applicable standard, alleged departure, and causal connection using relevant records. More than one specialty may be required. The general need for expert evidence arises from Puerto Rico case law on proving the medical elements of the claim. The report provides support for those elements when preparing the case. Filing and expert-disclosure requirements depend on the forum and court orders.
Out-of-court claims and negotiations
To substantiate an out-of-court claim for compensation for medical malpractice, insurers require an expert report supporting the claim. Without that report, they do not offer compensation. Providing it does not guarantee an offer or a favorable outcome.
That evidentiary support is distinct from an out-of-court demand intended to interrupt the limitations period: such a demand does not require prior scientific evidence. Do not wait for the report before seeking advice on protecting legal deadlines. Request a consultation for more information and guidance about your particular case or circumstances.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.