In the world of medical malpractice lawsuits, it is common knowledge that it is important to use testimony from a medical expert in order to help win your case. The facts involved in most medical malpractices cases tend to be too complicated for those who are not experienced in the medical field to understand. Without a medical expert, many judges will dismiss your case before you go to trial, since they commonly feel that the details of medical malpractice cases absolutely require the guidance of medical experts in order to properly be understood.
What An Expert Witness Does
The job of an expert medical witness is to establish the standard of medical care a patient should ideally experience in the situation in question at trial. They also offer expert opinion regarding whether or not the doctor in question met the standard of care.
Most qualified medical experts will put this in the context of widely accepted scholarly literature on the subject, proving that there is a precedent for the behavior in question and that it is a widely held opinion that in this situation wrongdoing took place.
Related to whether the doctor's actions would commonly be considered to be incorrect, the expert witness should additionally testify on the matter of whether or not the doctor's actions should be considered instrumental in injuring the patient in question. Typically, these kinds of medical situations have a number of complex factors that may or may not have anything to do with the doctor's questionable behavior. This is the central argument for why a medical expert must prove that the negligent behavior in question is the primary cause of injury in the patient.
How Your Lawyer Helps With Expert Witnesses
Locating a qualified medical malpractice lawyer for your medical malpractice case is of critical importance. While you do not necessarily need to find a lawyer that deals exclusively with medical malpractice, you should try to find a lawyer that specializes in the field.
If you are dealing with insurance companies, you will find that many of them may refuse to make any offers with a lawyer that they view is not experienced enough in medical malpractice cases. If you are trying to settle your case, a lawyer will be a key factor, as you need a lawyer who understands all of the complicated intricacies involved and can help use expert testimony to gauge the right settlement offer to accept.
Your lawyer will be required to establish that your medical expert witness indeed has the proper qualifications to make the judgments required by the court. If the opposing counsel feels your expert is not qualified, they are free to request that they describe their experience and medical background in as far as how it relates to the case at hand. Be prepared for this, and choose a medical expert who can fulfill this demand.
When You Might Not Need An Expert Witness
The only times that you can forego the use of a medical expert is when the evidence is so obvious, anyone can see that medical malpractice took place and there are no complicated details that need to be explained to the jury. This is not always as straightforward as it may seem. While it may seem obvious to you, there are many ways that the use of a medical expert may be a very good idea. It may be that the doctor in question's behavior is obviously negligent, however the opposing counsel may be able to prove that the doctor was not the only factor at play, and did not have exclusive control over the situation which led to injury.