When going to court for a medical malpractice case, many times the claims of the plaintiff have to be verified in court. This is usually accomplished by having a medical malpractice expert witness provide testimony at trial or possibly by deposition. The expert witness is usually a medical professional who can verify the claim by giving their testimony based on their medical experience. Some states actually require the verification of the claim through the testimony of a medical malpractice expert witness in order for the plaintiff to receive an award for the claim that involves compensation for the damages incurred by the plaintiff for the malpractice. Other states allow the fact finder to determine the existence of medical malpractice based on the facts of the case.
- If you need legal assistance with a Medical Negligence Claim, click here to consult with a Medical Malpractice Lawyer near you to discuss the details of your case.
Choosing the Expert Witness
Choosing a competent medical malpractice expert witness is critical to the case. It is best if they have some prior experience in litigating medical malpractice cases and can be firm in their answers. Their qualifications are based on their experience in the medical professions as a currently practicing or retired medical physician. If they practiced medicine, actually in the field of medicine relating to the claim, then they might bring more credibility to their verification. They understandably cannot be a party to the case at hand. Their understanding of medical malpractice must be strong and their ability to recognize and substantiate them in a court proceeding is important to the success of the plaintiff’s case. These medical malpractice medical experts are available independently as well as to the lawyers who try these cases.
Defining the Expenses
Preparing the case requires planning for all of the expenses that will be incurred. The expenses for retaining a medical malpractice expert witness can be a major part of those expenses. While each expert witness may have their own rates, sometimes in the hundreds of dollars per hour, the more complex or involved cases that require more research can require the more expensive witnesses. The technical evidence and the presentation of it in court may require extra time in order to prepare exhibits and more convincing presentation materials like videos or reenactments. If the attorney is not prepared to pay for these services or doesn’t have the resources themselves on staff or retainer to provide these services economically then the expenses will need to be covered somehow.
Organize the Evidence
Part of the effort to plan for the case and the expert witness component of the case is to organize the evidence and medical records appropriately so that the time needed by the expert witness is better controlled and minimized. Essentially preparing a draft copy of the facts of the case and asking the expert witness to verify those facts and then help organize how the evidence (facts) are presented in court may be the best way to use the expert witness’s time.
When you are discussing your case with the medical malpractice attorney make sure you understand how they will structure the use of the expert witness, how they will find the right witness for your case, where they pull their experts from (is it a pool of experts or a service that finds the best one for each case for them).
- If you need legal assistance with a Medical Negligence Claim, click here to consult with a Medical Malpractice Lawyer near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.
