In a medical malpractice case, involving a doctor’s surgical error, if it is obvious the doctor was negligent, is it necessary to obtain a surgeon on our side of the case who said that it was an error?

In a surgical error case it is virtually always required that our side, the side representing the injured victim, retain a medical doctor in the same field as the surgeon, who must give an opinion that the surgeon violated applicable medical standards.  Virginia and many states require that the expert who says malpractice occurred, practice in the same field, and have been practicing in recent time close to when the negligent occurred as well.  In other words, a surgeon that we retain must also be practicing and must be familiar with the area where the medical malpractice allegedly occurred.