Every year, many people have to deal with the terrible effects of medical malpractice. According to Consumer Shield, there are about 11,400 medical malpractice cases in the U.S. in 2023.
People who take legal action against medical malpractice cases may often rely on the participation of expert witnesses to strengthen their claims.
These people not only elucidate intricate medical issues but also evaluate if the acceptable level of care was provided. Their statements can tilt the scale towards a particular side and even dictate the whole case’s storyline.
Let’s examine the role of expert witnesses in medical malpractice cases and how their involvement affects case outcomes.
Understanding Expert Witnesses in Medical Malpractice Cases
In medical malpractice cases, understanding how to use an expert witness can go a long way. Experts will offer critical evidence that would assist in explaining the intricate medical history that led to the resolution of the grievances.
Medical malpractice can cause a wide range of injuries, according to Decatur medical malpractice lawyer Audrey M. Tolson. This includes paralysis, injuries caused by radiation, brain injuries, blood transfusion injuries, and infections in hospitals.
These professionals are either physicians or specialists in the respective area of medicine. Their statements have the power to establish whether the standards of care are accepted or violated. For example, an expert witness, on the basis of professional lifetime experience and knowledge, can provide another perspective to the case. The expert witness’s narrative can positively contribute to the lawsuit, or it can have the opposite effect.
The weight of their opinions is highly regarded in court. Knowing this piece of information could serve you well and let you formulate a wise strategy for your case. The witness’s opinions could also confirm the story of your case, which will greatly strengthen your position before the court.
Essential Qualifications for Medical Expert Witnesses
A medical expert for a medical malpractice case has to possess a current medical license along with necessary board certifications in the area of his/her specialty. Clinical practice is of utmost importance, as it proves a physician’s knowledge of standard medical procedures.
A person’s familiarity with the legal aspects of malpractice is very important. The more experienced they are, the better they can make clear opinions. To make important decisions, the jury must be highly knowledgeable about complex details or technical medical facts. It shows that the “expert” knows how to testify effectively and is aware of courtroom procedures and expectations.
The Influence of Expert Witnesses on Jury Decisions
The expertise in the particular medical field of the experts helps the jurors understand the complicated medical data.
If you have a top-notch expert witness, then you are likely to affect the jury’s perception of the evidence. A well-formed opinion from an expert can enlighten the case in terms of the expected professional standard in the situation. This understanding may help the jurors determine whether negligence occurred.
Expert testimonies almost always act as the mediators between complicated medical language. Their testimonial statements translate medical jargon into simple language so the court can easily understand the details of the case.
Testimonial statements may greatly influence the judgment of the jurors. The effect of an expert witness on a case makes it important for one’s legal counsel to ascertain the right expert witnesses for their case.
Common Types of Expert Witnesses in Medical Malpractice
The contribution of an expert in medical malpractice cases can be enormous. It is a critical decision to call the right expert for the given case.
The first ones are the medical experts, like doctors or surgeons, who can review the standard of care and the performance of the respective party. Nurses can be called to the stand to deliver their views on the patient’s treatment and care methods.
Radiologists or anesthesiologists will be able to explain the aspects of treatment or diagnosis extremely well. Other specialists, like biostatisticians, might be able to provide data referring to the patient’s results.
