Getting hurt or experiencing unnecessary harm because of the direction or actions of a medical professional can be extremely challenging. Not only will you likely suffer from pain and distress as a result of the interaction, but you’ll also suffer stress and logistical challenges if you plan to file a lawsuit to recover damages.
Medical malpractice cases are notoriously difficult, but with the help of a good lawyer and a strong team of professionals, they become much more manageable. One of the greatest assets in your arsenal is going to be expert witnesses.
But how exactly do expert witnesses work in the realm of medical malpractice? And do you really need one?
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A Primer on Medical Malpractice
In the legal world, medical malpractice is a legal cause of action designed to protect people from unreasonable medical and healthcare mistakes. If a medical or healthcare provider deviates from a reasonable standard of care, and that deviation causes you harm, you’ll be able to bring forth legal action and recover damages associated with that harm.
For example, let’s say you go to the doctor with a set of physical symptoms. The doctor should have diagnosed you with a specific disease, but they instead diagnosed you with something completely different. They gave you a treatment that caused unpleasant side effects, and neglected to give you the treatment you needed, ultimately making your actual disease worse. In this scenario, you would likely qualify for compensation for any of the harm you suffered as a result of this interaction.
Medical malpractice goes far beyond diagnostic errors, however. It also applies to surgical errors, treatment and prescription mistakes, birth injuries, and much more.
The Medical Malpractice Battle
Proving medical malpractice can be difficult, especially in ambiguous cases. If you want to win adequate compensation, you need to be able to show that your medical provider did something that they shouldn’t have, or didn’t do something that they should have. Unfortunately, this is more complicated than it sounds, as our legal system and the general public typically trust expert medical opinions. Our default assumption is that if a doctor makes a mistake, they have a good reason for it – and “having a good reason for it” basically defeats liability in medical malpractice.
In a medical malpractice lawsuit, the patient typically makes a set of accusations and provides as much evidence as possible to support those claims, but the doctor or healthcare provider in question is going to push back with evidence in their favor. Since patients and doctors are not on even footing in terms of knowledge or experience, this immediately results in asymmetry.
That’s where expert witnesses come in.
Expert Witnesses
An expert witness is an experienced professional who shares their perspective or provides consulting in a legal matter. In the context of medical malpractice, expert witnesses are typically doctors, nurses, and other healthcare providers with ample professional experience to evaluate the quality of care provided by others. They often work closely with lawyers, providing insights and strategic direction, they may provide meaningful depositions that strengthen your case, and they may even be called to the witness stand if the case goes to trial.
The Value of Expert Witnesses in Medical Malpractice
Why are medical malpractice expert witnesses so valuable?
- Presenting authority. Your doctor or healthcare provider is going to be a very authoritative, persuasive source. Having someone of similar authority on your side is a way of balancing the odds.
- Providing scientific insights. Your expert witness can also provide scientific or medical insights. They may be able to definitively conclude that your doctor made an egregious mistake or that they didn’t use the information available to them in a responsible way.
- Evaluating evidence. Expert witnesses also play a role in evaluating evidence. They may be able to help you better understand your strategic position or guide you to types of evidence that can strengthen your case further.
- Researching topics. The world of medical science is always changing. Your expert witness can help you research topics, understand how they’ve changed, and ultimately present that evidence to a jury.
- Making persuasive arguments. Medical malpractice expert witnesses can be very persuasive arguers, both in negotiations and in the courtroom.
Do You Need an Expert Witness in a Medical Malpractice Case?
Do you really need an expert witness in your medical malpractice case? That depends on the nature of your case, the evidence available to you, and a host of other factors. Most medical malpractice cases are strengthened with the presence of an expert witness, but an expert witness isn’t strictly necessary to win a liability claim. If you’re not sure whether an expert witness is the right move for your case, consult with your attorney.