In many medical malpractice cases, the testimony of a medical expert can sway a jury’s decision one way or the other. In this issue, we’ll talk about why testimony from a medical expert is so vital.
Exactly why is medical expert testimony needed?
For some juries, the technical information in many medical malpractice cases is simply too complicated to wade through without help. A medical expert can put things in layman’s terms that are more easily understood.
What types of things will the medical expert’s testimony prove?
While individual medical experts may be called to address different things, they will typically be called to address two aspects:
- Did the doctor in question follow a standard of care expected of doctors in similar positions?
- Did the doctor’s failure to do so contribute to the injury of the patient?
Who is qualified to serve as a medical expert in a medical malpractice case?
That varies by state as they have different rules for who can testify as a medical expert. In cases involving a doctor in a specialized field, you’ll most likely need a specialist in that same field as your expert.
While an expert may have a combination of on-the-job experience and academic knowledge, some states require a majority of the expert’s time be spent actually practicing medicine.
Are there times when a medical expert is not necessary?
Indeed, there are. In cases when the mistakes by the medical staff are so obvious, some lawyers and their clients opt not to have a medical expert on-hand.
However, it can be tricky going into the courtroom with the assumption that the jury will “get it.” For example, it may be obvious that members of the medical team made a mistake but not so obvious that the mistake directly caused or contributed to the injury.
If You’ve Experienced Medical Malpractice, The Fitzgerald Law Firm Can Help You
Being a victim of medical malpractice can have life-long consequences. That’s why it’s crucial to partner with a lawyer who knows how the legal system works and how to consult with medical experts.
For a free consultation, call The Fitzgerald Law Firm at 800-323-9900.