A medical malpractice expert witness can be interviewed by either party during litigation to assist in identifying and valuing a patient’s injury due to negligence. Often, experts must be certified as such by a state’s medical agencies and courts prior to being able to testify as an expert. Below are the common ways by which an expert establishes physician negligence.
Explains the Patient’s Injury
The first place a medical malpractice expert will begin when demonstrating physician negligence is by describing the patient’s injury. While this may seem simple, experts often go well beyond a mere statement about the injury and instead talk specifically about the injury in medical terms. An expert will detail the causes of the injury, its immediate effect on the body and how it might affect or has affected other parts of the patient’s body. The expert’s testimony will be as technical as it can be without becoming incomprehensible.
Explains Normal Treatment Methods
After explaining the type of injury, the medical malpractice expert will then discuss the normal treatment methods on both a national and local standard. The expert discusses local and national standards to provide a thorough overview of the traditional treatment methods. In his testimony, the expert will discuss the medications, surgeries, physical therapy treatments and other aspects of treating the patient’s condition that are normally part of treatment.
Explains How Treatment Fell Short
After providing information about national and local treatment methods, the expert will discuss how the accused physician’s methods fell short or complied with normal procedures. The expert will explain what the doctor did and how he did it and compare it to the actions and behaviors of other doctors in the same situation.
Explains Whether the Doctor Acted Reasonably
To establish negligence, a party must show that no individual in the same situation would have behaved in the way as did the physician. This means that the party must demonstrate that the physician did not act as a normally prudent person. An expert medical malpractice witness will offer his opinion about the reasonableness of the accused physician’s actions in light of the previously explained standards. Only expert opinions are allowed to proffer opinions, which, combined with their having been established and recognized as an expert, makes the opinion quite impactful.
Getting Legal Help
If you have been injured due to a physician’s malpractice and want to see compensation for your injuries, consider obtaining legal representation. A lawyer will advise you about the potential for success as well as the need to hire expert witnesses to prove negligence.
