What can an expert do for you in a medical malpractice case?

On Behalf of | Feb 10, 2023 | Medical Malpractice

Medical malpractice cases can be complex. Oftentimes victims are left dealing with medical terminology that can be difficult to understand, and they have to try to convey to a jury how medical errors left them injured or with a worsened medical condition. After all, presenting a medical malpractice case is like telling your side of the story. If you can’t clearly and compellingly convey it, then your audience, in this case the jury, isn’t going to understand what you’re saying or why they should side with you.

So how do you make sure that you’re clearly conveying your legal arguments in your case? One way to do so is to utilize an expert witness.

What can an expert witness help you prove?

Expert witnesses are commonly used in medical malpractice cases. This is because they can help address a variety of relevant issues that are at hand, including each of the following:

  • The medical standard that should apply given the facts in play
  • The cause of your injuries
  • The severity of your injuries
  • The appropriateness of your doctor’s actions or inactions
  • Other steps that could have been taken to avoid your injuries

In other words, expert testimony can make or break your case. That’s why it’s important to choose your expert witness or witnesses with care.

How do you pick an expert witness?

There’s a lot to think about when selecting an expert witness. First off, most of these experts are doctors, nurses, or other medical professionals. They usually have extensive training and experience in a specialized field, too. The more experienced and training the better.

But you don’t want to stop there. You should also consider whether an expert has other qualifications that may play well with the judge and jury. This may include serving on professional boards, having multiple publications pertaining to topics that are relevant to your case, and teaching at prestigious universities or symposiums.

Once you’ve identified some potential expert witnesses, you and your attorney should speak with them prior to committing them to court. After all, you need a firm understanding of what happened to you from a medical standpoint before you head into court. You certainly don’t want to be surprised in front of the judge and jury. Once you’re comfortable with what the expert will testify to, then you can secure their services for your case.

Don’t forget about the defense’s experts

While you focus on securing your own expert or experts to help you prove your case, you shouldn’t overlook the fact that the defense is probably going to have its own expert or experts testify against you. These experts will probably try to contradict your own expert’s testimony, or they will try to draw your expert’s credentials into question.

If you’re unprepared, this can disrupt your case. Through thorough preparation, though, which may include conducting depositions, you may be able to block the defense’s experts from significantly damaging your case.

Be holistic in building your case

There’s a lot that goes into building a robust medical malpractice case. But if you want to maximize your chances of winning your case and recovering the compensation that you deserve, then you can’t leave any stone unturned.

An attorney who knows the ins and outs of this area of the law can help you ensure that you’re being as diligent as possible in building your claim, including by securing expert witnesses. This leaves you more strongly positioned to secure the outcome that you seek.

So, if you’re looking for representation in your case, then please research your representation options so that you can choose the legal team that will appropriately represent and protect your interests.



FindLaw Network