The victim of almost any lawsuit involving medical negligence will need to retain the services of an expert witness who is able to describe what went wrong. Because non-doctors may not be qualified to make these determinations, a qualified medical expert may be required to provide complex testimony regarding how the healthcare provider defendant was negligent and why he or she should be held liable for the injury that resulted as a result of the negligence.
Experienced Pittsburgh medical malpractice attorney Jason Matzus of Matzus Law, LLC works closely with medical professionals on a regular basis. He is able to explain the function that these professionals play in your case as well as the benefits of utilizing their services.
The Value of Testimony from Medical Professionals
Even though the jury is not required to agree with everything that the expert witness says, the testimony of experts is frequently helpful in assisting juries in comprehending information that is overly complicated. Additionally, in cases of medical malpractice, the testimony of a medical specialist is frequently required. It is possible for the defendant to present his or her own expert witness; therefore, if the plaintiff likewise presents an expert witness, the playing field may become more even.
In their testimony, expert witnesses are frequently compelling, which might assist in swaying the jury’s decision in a particular direction. When a patient makes a claim, having a medical expert who supports the claim testify on their behalf can lend credibility to the patient’s case. This can be accomplished by having an expert witness testify on behalf of the plaintiff.
Because the defendant will have a more accurate understanding of the significance of the evidence and the potency of the case when a medical expert is present in the case, there is a possibility that the matter can be resolved without having to go to trial at all.
How the Testimony of a Medical Expert Is Necessary in Order to Prove Negligence
The evidence of a medical expert is required in order to prove two fundamental components. The following are some examples of these:
Standard of Care
The plaintiff in a medical malpractice action is responsible for proving, as the first step of their case, that the defendant, the doctor, owed the patient a duty of care. This is proved through the testimony of medical experts regarding the standard of care for the same kind of doctor practicing in the same geographic region and specialty as the defendant. The expert witness provides testimony regarding the actions that a qualified physician should have taken under identical conditions in order to adhere to the appropriate standard of care.
It is possible that the medical expert will address the medical conditions that were likely to be a factor as well as the diagnostic tests that would have been performed. In addition to this, he or she might explain the course of therapy that the physician most likely would have chosen if he or she had followed the standard of care.
Causation
The second component of a medical expert’s testimony is an analysis of the manner in which the defendant’s health care provider deviated from the accepted standard of treatment. It’s possible that the medical expert will testify about the ways in which the patient was harmed because the doctor didn’t follow the accepted level of care.
For instance, the medical expert might discuss how the healthcare provider failed to order the appropriate tests, which resulted in an incorrect diagnosis; how the healthcare provider made mistakes during surgery; or how the healthcare provider committed some other error that resulted in the patient’s injury.
When Should I Consult with a Medical Professional?
Before a plaintiff can file a lawsuit in the United States, more than half of the states need them to seek a medical specialist’s opinion. Plaintiffs in these states must either attach an affidavit of merit with their complaint or gain the approval of a medical malpractice review panel before filing a claim for medical malpractice.
Prior to trial, both the plaintiffs and the defendants are compelled to disclose to each other and the court the content of the testimony supplied by their experts. Unless the case falls into the uncommon category of medical malpractice cases that do not require an expert opinion, the court will either dismiss the plaintiff’s action or enter a default judgment against the defendant if neither party meets the deadline. In such instances, the court will not dismiss the claim of the plaintiff.
Reasons Why a Member of Our Medical Staff Might Be Helpful to Your Injury Case
When you or a loved one suffers an injury or illness as a result of the negligence or carelessness of another person, you are confronted with a number of unanticipated challenges. The suffering caused by illnesses and injuries is only the beginning. You may be able to recover damages, such as medical expenses, lost wages, and compensation for your pain and suffering, with the assistance of an attorney. In a situation such as this one, it may be difficult to prevail against medical professionals, hospitals, and the formidable legal teams that represent them. In situations like these, the medical staff at Matzus Law, LLC can be of great service.
Contact Matzus Law, LLC Today for a Free Consultation About Your Medical Malpractice Claim
If you believe that you were injured due to the negligence of a doctor, the legal team at Matzus Law, LLC may be able to explore whether or not a medical expert is required in order to proceed with your case. Because medical testimony is frequently difficult to understand, it is essential to collaborate with the most qualified medical expert possible in order to help support your case.
Make an appointment for a no-cost consultation to find out more about the ways in which we might be able to assist you with your claim. There is no need to be concerned about any upfront legal bills. The payment for our services is contingent on your receiving an appropriate amount of compensation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.