Why are Expert Witnesses so Vital in a Medical Malpractice Case?

For the most part, medical malpractice or hospital neglect law is complex while the fact that the onus of proving medical negligence is on the plaintiff makes it even tougher. Proving negligence facilitates the need for medical experts who now play an integral role in any medical malpractice case.

According to Merrillville, IN medical malpractice lawyers, the facts in a negligence lawsuit are too complex for anyone not from the medical profession to determine if a doctor or hospital is liable for the plaintiff’s injuries or death. In many states including Indiana it is mandatory for a medical expert to give his/her opinion in order to initiate a lawsuit. Any potential claim must be investigated and reviewed by a medical professional with expertise in the area of medicine involved.

There are several factors that cover testimonies by medical experts. It is important to learn what the testimony consists of, who is eligible to testify as an expert, and in what circumstances may a medical expert not be required to testify.

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When a Testimony is Needed

According to Indiana medical malpractice attorneys, most cases do require that a medical expert testify to prove hospital neglect or else the case is likely to be dismissed or decided early on in the process. The reason for this is because the jury would find a case too complicated to decipher if they did not have any help.  

A jury will usually use a medical expert’s opinion when considering various facts of the case while it is not mandatory for them to adopt the expert’s testimony. Therefore, it is essential to find a medical expert to testify early on in the process.

Questions Addressed in Medical Expert’s Testimony

According to Merrillville, Indiana medical malpractice lawyers, the expert’s testimony will address two main issues. This includes if the doctor followed the necessary standard of care for the medical procedure or treatment. This involves testifying what a doctor would do in similar circumstances.

The expert will give his/her opinion whether the defendant breached the standard of care or not, which could be supported by evidence such as guidelines by the medical board or similar cases in medical publications. However, the jury does not necessarily have to base their decision on the expert’s opinion and supporting evidence. There is no evidence their testimony is going to guarantee victory though without it you can almost guarantee defeat.

The other important question that the expert’s testimony must address is whether the doctor’s negligence and failure to provide the standard of care did in fact cause the patient’s injuries or death. Since a variety of factors contribute to any medical situation, the doctor’s incompetence may not necessarily have caused the adverse event. Therefore, it is essential for a medical expert to explain the likelihood of the doctor’s incompetence being the cause of the bad outcome.

Your next Move

A medical expert’s opinion must be disclosed by both the plaintiff and defendants before the trial starts. Failure to do so will result in the court deciding in favor of the other party before the trial begins. If you are a victim of medical malpractice or has lost a loved one due to a doctor’s negligence or hospital neglect it is prudent to seek counsel from an experienced Indiana medical malpractice lawyer as soon as possible.

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