The use of expert medical testimony is necessary to prove medical negligence.  However some case law stands for the proposition that expert testimony is necessary unless “a layman can observe and understand the negligence as a matter of common sense and practical experience.” Gatlin v. Methodist Medical Center, 772 So. 2d 1023, 1026 (Miss. 2000); Coleman v. Rice, 706 So. 2d 696, 698 (Miss. 1997). The Mississippi Supreme Court held in 2005 that expert testimony is necessary to prove lack of informed consent, in order to establish the material risks and available alternatives that should have been disclosed. Whittington v. Mason, 905 So. 2d 1261 (Miss. 2005). To qualify as an expert witness, a physician must be licensed in Mississippi or some other state. Miss. Code Ann. § 11-1-61.

A plaintiff in a medical malpractice action must file with the complaint a certificate executed by his attorney declaring that the attorney has consulted with at least one qualified and knowledgeable expert and concluded that there is a reasonable basis for the action or that three good-faith attempts were made to contact an experts and none would agree to a consultation.