Tuesday, June 28, 2016

Does a medical expert have to testify in my medical malpractice case?

For the most part, hospital neglect and medical malpractice cases almost always require testimony from a medical expert. 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 or nursing home abuse but also lends credibility to your case so that the judge or the jury are convinced that it is not a frivolous lawsuit.


Detroit, MI medical malpractice lawyers point out that 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 in a hospital neglect or medical malpractice case are simply too complex for a lay person to comprehend. Therefore, to put things into perspective and to throw light on what the accepted standard of care in such a case would be, the testimonial of a medical expert is essential.

In fact, Michigan medical malpractice attorneys say that in some states a medical malpractice lawsuit must be accompanied by a written statement from a recognized medical expert, failing which the litigation will not be permitted.

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

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

Standard of care – According to Detroit, MI 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.

Now you may not want to watch the House if you are budding doctor since most likely you care about your reputation and you are not that brilliant. You do not want to spread out young female patient’s legs in front of her father when you may not be supposed to be doing that, drill into peoples’ heads, harangue them, pop off to them, offer them placeboes, and so on unless you are real gifted and confident in your actions.

When it is determined that the standard of care provided by a medical professional was not met then medical malpractice or professional negligence is said to have taken place. It is the medical expert’s responsibility to assess the treatment/care provided and determine whether an acceptable standard was met. Therefore, it is very important that this point be addressed in a medical expert’s testimony.

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.


If you are a victim of negligence on the part of a doctor, any other healthcare professional or a healthcare organization, and are looking to recover economic and non-economic damages we strongly suggest that you seek help from a Michigan medical malpractice lawyer as soon as possible. Your legal pro will have a network of medical experts who can be approached to provide testimony in your case.

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