When Should Experts Be Brought in For Malpractice Lawsuits?

Expert witnesses can be a very effective part of a malpractice lawsuit. They provide testimony that is viewed by jurors as carrying more weight because they have education, training and years of experience with the types of issues involved in the malpractice lawsuit.

In this Malpractice Guide article, we will discuss when or if expert witnesses should be brought in during your malpractice lawsuit.

The Value of Expert Witnesses

1. Prevent the Case from Being Dismissed or Lost

If a malpractice attorney tries to argue that you were the victim of medical malpractice but doesn’t have medical credentials, the judge is likely to dismiss the case. If the case goes forward, the jury is unlikely to be convinced that malpractice took place without expert testimony.

2. Explain Complex Medical Facts to a Jury

Your malpractice attorney will not have the medical training or experience to discuss the medical facts of a medical malpractice case. What malpractices attorneys can do is invite an expert witness, most of whom are doctors themselves, to do the explaining. They can describe what took place medically and why it constitutes malpractice.

3. Describe What Should Have Been Done

In the medical profession, there is something called the Standard of Care. It represents established practices by medical professionals for treating each type of illness, condition or injury. The expert witness will be able to review your medical records and determine whether or not the care you were given met the accepted standard of care. If it did not, here or she will be able to show where your care was deficient.

4. Show What Should Not Have Been Done

This is the other side of the coin. The witness will also spot any procedure or treatment that was inappropriate for your condition. He or she might uncover prescription mistakes such as the dosage of medication too, and similar mistakes made that contribute to medical malpractice.

Your malpractice lawyers will thoroughly discuss the facts of your case with the expert witness. The witness will review all of your records related to the malpractice lawsuit. Together, they will formulate a strategy for showing where medical mistakes were made by commission or omission. They will then make the case that those mistakes caused you injury or failed to provide you with needed treatment.

Discuss Expert Witnesses with Your Malpractice Attorney

Before you hire a medical malpractice attorney, be sure that the use of medical expert witnesses is part of standard operating procedure. Ask if the malpractice lawyer has used the witness in the past and whether their testimony proved helpful or not.

Since many malpractice lawsuits are determined by what the expert witnesses have to say, it is important to choose a medical malpractice lawyer that knows how to effectively use them.