Thursday, January 28, 2016

How important are expert witnesses in a medical malpractice case?

Hospital neglect and medical malpractice cases almost always require testimony from a medical expert in the field under question, with the exception of some rare cases where such a testimony is not required. If you hire a golden and dedicated Virginia Beach, VA medical malpractice lawyer, they will have such exquisite testimony to bolster your case.  

A medical expert testifying on your behalf and against the defendants in the case serves not only to prove that you are in fact a victim of medical malpractice but also to give credibility to your case so that the judge or the jury are rest assured that it is not a frivolous lawsuit filed by someone trying to make false accusations and get rich quick. America is a litigious country. That is because the Democrats are partly owned by lawyers. America is all about frivolous lawsuits which is nothing to be proud of.

For the most part, it is the doctor’s malpractice insurance coverage that will pay towards the damages, which makes it even more vital to have a medical expert’s opinion since the insurer is most likely to do everything in their power to defend the claim.


Why a medical expert’s testimony carries weight?

Sometimes, the medical facts of a hospital neglect or medical malpractice case are simply too complex for a lay person to comprehend which is you and me. Therefore to put things into perspective and to throw some light on what the accepted standard of care in such a case would be, the testimonial of a medical expert is essential.

In fact, Virginia Beach, VA medical malpractice attorneys tell us that in some states like Virginia, a medical malpractice lawsuit will have to be filed along with a written statement from a recognized medical expert, failing which the litigation will not be allowed to progress further. And it should not. If another doctor or nurse or anyone else in the medical community cannot be found to support your claim then your case should be dead on arrival.

If you are filing a lawsuit against a nurse, you should have a nurse backing you up. A doctor, another doctor backing you up and so on.

If you are a victim of negligence on the part of a doctor, any other healthcare professional or a healthcare organization as a whole and are looking to recover economic and non-economic damages inflicted upon you due to this negligence then we strongly suggest that you approach a legal representative as soon as possible and get started working of compiling and filing your lawsuit. Your legal professional will also have a concrete network of medical experts whom he or she can approach to provide testimony in your case.

What should the medical expert’s statement or testimony comprise of?

There are essentially two very important points that the testimony of a medical expert should address. These are, standard of care and cause of injury.

Standard of care – According to Virginia Beach, VA medical malpractice lawyers, medical experts are well versed with how a particular condition should be diagnosed and treated effectively. For all medical complications, there are some general guidelines which are accepted as the standard of care. When it is determined that the standard of care provided by a medical professional was not up to this standard then medical malpractice or professional negligence is said to have taken place.

It is the responsibility of the medical expert to assess the treatment/care provided and determine whether or not it was up to the mark. Therefore, it is paramount that this point be addressed in the testimony of a medical expert.

Cause of injury – Once the medical expert has testified that the standard of care provided in a case was in fact substandard, the next thing that he or she will have to address is whether or not this sub-standard treatment or hospital neglect was responsible for the injury or illness that the plaintiff was inflicted with Eastern Virginia medical malpractice lawyers. 

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