Expert Witnesses

The Crucial Role of Expert Witnesses in Medical Malpractice Cases

Medical malpractice cases hinge on complex medical concepts and procedures. A jury is often made up of laypeople. Consequently, they need to understand the ins and outs of the case and determine if the healthcare provider breached their duty of care. Therefore, expert witnesses become vitally important. These qualified professionals bridge the knowledge gap. They offer valuable insight and analysis critical to the success of a medical malpractice lawsuit. The Kopec Law Firm provides this article to help you understand the role of expert witnesses in your medical malpractice case.

Who are Expert Witnesses and What Do They Do?

An expert witness, in the context of medical malpractice, is a licensed healthcare professional with particular training. They also have experience in a specific medical field. Their role is to provide an opinion on the standard of care applicable to the particular case and whether the defendant healthcare provider deviated from that standard, causing harm to the plaintiff.

Here are some key functions expert witnesses perform in a medical malpractice case:

• Reviewing Medical Records: Firstly, experts meticulously examine the plaintiff’s medical records. They seek to understand the patient’s medical history, the diagnosis, treatment provided, and the alleged deviation from the standard of care.
• Defining the Standard of Care: They also establish the prevailing standard of care for the specific medical situation based on medical practices, guidelines, and protocols within the defendant’s specialty.
• Opining on Deviation from Standard Care: Further, experts analyze the defendant’s actions (or lack thereof) and determine if they fell below the standard of care. This may involve identifying misdiagnosis, improper treatment choices, or surgical errors.
• Causation: They evaluate the connection between the alleged deviation from the standard of care and the plaintiff’s injuries. This establishes that the healthcare provider’s negligence caused or worsened the patient’s condition.
• Damages: Experts may assess the severity and long-term impact of the plaintiff’s injuries, which contributes to determining the extent of damages sought.
• Deposition and Trial Testimony: Experts provide sworn testimony during depositions (attorney questioning outside of court) and in court, explaining their findings and conclusions to support the plaintiff’s case.

Types of Issues Experts Can Testify On:

The specific issues an expert witness can address depend on their area of expertise. However, some common areas of testimony include:

• Diagnosis: Did the healthcare provider misdiagnose the patient’s condition, leading to a delay in proper treatment and causing harm?
• Treatment: Did the healthcare provider administer the wrong medication, perform surgery incorrectly, or fail to order necessary tests, resulting in patient injury?
• Hospital Care: Were there lapses in monitoring the patient’s condition, inadequate staffing, or medication errors during hospitalization?
• Failure to Refer: Did the healthcare provider fail to refer the patient to a specialist when necessary, resulting in a worsening of the patient’s condition?
• Informed Consent: Was the patient adequately informed about the risks and benefits of a treatment before providing consent?

Finding and Engaging an Expert Witness

Locating a qualified expert witness requires careful consideration. In hiring experts, attorneys often rely on:

• Professional Associations: Medical associations can provide referrals to qualified experts within specific specialties.
• Previous Cases: Lawyers may have worked with reputable expert witnesses in the past and can leverage those relationships.
• Peer Recommendations: Consulting with other attorneys handling medical malpractice cases can yield recommendations for reliable experts.

Once an expert is identified, the terms of engagement are set forth in a written agreement. This agreement typically details the scope of the expert’s services, fees, and potential conflicts of interest.

Legal Principles Regarding Expert Witness Testimony

The admissibility and weight given to expert witness testimony are governed by specific legal principles. Here are some key expert requirements:

• Qualifications: The expert must possess the necessary education, training, experience, and also may need board certification to testify in the specific area of medical practice relevant to the case.
• Relevance: The expert’s testimony must be relevant to the issues at hand in the medical malpractice case.
• Reliability: The expert’s opinion generally must be based on sound scientific principles, established medical practices, and relevant data.
• Daubert Standard: This federal standard specifically addresses the expert’s methodology and reasoning to assess their reliability and scientific validity. Similar standards exist in most states.

The Bottom Line

Expert witnesses are critical for a strong medical malpractice case. Their knowledge, experience, and objective analysis provide the foundation for showing how a healthcare provider’s negligence caused harm. By effectively explaining complex medical concepts to the jury, expert witnesses empower them to make informed decisions about the merits of the case. Accordingly, finding a qualified expert with strong communication skills and a solid understanding of the legal principles guiding their testimony is critical in getting a positive outcome for the plaintiff.

If you have any concerns or questions about medical malpractice, then visit the Kopec Law Firm free consultation page or video. Then contact us at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.