The Role of Expert Witnesses in Medical Malpractice Cases

Expert witnesses play a critical role in medical malpractice litigation. Experts can review medical negligence claims and give their professional opinion about who is responsible for the plaintiff’s injuries. In some states, victims of medical malpractice need a medical expert’s support before filing a lawsuit.

The right expert can make a big difference in your medical malpractice case. Contact an experienced medical malpractice lawyer to understand the role of expert witnesses and get support from strong witnesses.

What Is an Expert Witness?

A medical expert is an independent medical professional who gives their expert testimony in a lawsuit. Some legal cases involve complex or specialty issues, like medical care. Most judges and jurors don’t have in-depth medical knowledge and don’t know the medical standards of care. An expert witness can review the case and give the jury their opinion on what went wrong and who is responsible.

Most medical malpractice lawsuits have expert witnesses. Health care providers can explain medical practices to the jury and how the doctor deviated from the acceptable standard of care. Medical experts can also explain how a doctor’s actions caused a patient’s injuries. This can help the jury make an informed decision on complex medical issues.

Do You Need a Medical Expert for a Medical Malpractice Claim?

In many states, you need a medical expert witness before you can go forward with your lawsuit. About half of states require a medical expert to certify the lawsuit. This is a document you will submit when filing your lawsuit in court.

This is a certification from a medical professional that your lawsuit has a factual basis. The purpose is to reduce groundless lawsuits against health care professionals. Talk to your medical malpractice lawyer to find out if you need a medical expert to file a lawsuit in your state.

What Are the Qualifications of an Expert Witness in Medical Malpractice Cases?

As part of the legal proceedings, you have to qualify your expert witness. Qualifying the expert involves showing they can give their expert opinion based on their knowledge, experience, and education.

Each state has requirements for qualifying expert witness testimony. Generally, any expert has scientific, technical, or specialized knowledge beyond the average person and will help the jury understand the evidence or make an informed opinion. The expert’s methods also must be generally accepted in the medical community.

Generally, the expert witness will practice in the same medical specialty field as the defendant you are suing. For example, if you have a birth injury lawsuit, you could have an obstetrician as your medical expert. In a case involving an anesthesia error, you could have an anesthesiologist as an expert witness.

How Do Expert Witnesses Establish the Standard of Care?

In a medical malpractice lawsuit, you have to prove that the defendant doctor is liable for medical negligence. To prove medical negligence, you have to show that the doctor deviated from the medical standard of care and that they caused your injuries. To show the doctor violated the standard of care, you need a medical expert to establish this standard of care.

The medical standard of care is what a reasonable doctor would do in similar circumstances. If the doctor did or didn’t do something reasonable, the expert witness can describe in what situation a deviation from the standard would be appropriate. Medical experts can also testify about causation. If you can prove that a doctor’s medical errors caused your injuries, they are liable for compensation.

What Is a Defense Expert Witness?

The defendants in your lawsuit will also have expert witnesses. Doctors in a medical malpractice lawsuit have insurance that covers their legal costs. The insurance company will bring in defense experts — also medical professionals — to defend the defendant’s actions. It’s up to the jury to make a decision after hearing from all the expert witnesses.

Are There Other Types of Expert Witnesses?

Medical malpractice lawsuits generally involve medical experts. However, your case may also have other experts to help the jury decide how much to award in damages.

For example, if you have a permanent disability, you likely can’t return to work after a surgical error. Your damages may include a loss of earning potential for the rest of your life and mental distress. Expert witnesses can help the jury understand your damages. These types of experts can include:

• Vocational experts
• Accounting experts
• Life care planning experts
• Mental health experts

How Do You Find an Expert Witness?

Your medical malpractice attorney will find the right expert witness for your case. Experienced medical malpractice lawyers have worked with medical experts in other cases. Your lawyer knows which expert can give a strong testimony to support your claim. They can find someone who is in the right clinical practice and understands how to communicate with juries.

Because they play such a crucial role in helping you recover fair compensation for your injuries, contact a medical malpractice lawyer as soon as possible to understand the importance of expert witnesses for your case.