Expert Witnesses: Why They’re Crucial in Medical Malpractice Injury Cases

In the complex landscape of medical malpractice litigation, securing justice for injuries hinges on a thorough understanding of medical standards and procedures. When negligence occurs, the path to recovery often requires the expertise of professionals who can bridge the gap between medical complexities and legal proceedings. Expert witnesses stand as cornerstones in these cases, offering invaluable insights that can significantly impact the outcome. In fact, expert witness testimony can be the difference between winning and losing a case.

The Indispensable Role of Expert Witnesses

Expert witnesses are professionals with specialized knowledge, skills, or experience in a particular field who attorneys hire to provide testimony. While other experts may play a part in a medical malpractice case, healthcare professionals have the most critical role. Their job is to provide an informed opinion about the care provided to the plaintiff by the defendant, including whether there were any deviations from the appropriate standard of care and the results of those deviations.

Medical malpractice cases often involve intricate medical issues that require expert interpretation. Expert witnesses, who are highly qualified professionals in specific medical fields, play a crucial role in these cases. They provide impartial, expert opinions that help juries and judges understand the nuances of medical care and identify potential negligence.

Establishing the Standard of Care

One of the most critical aspects of a medical malpractice case is proving that the defendant failed to meet the accepted standard of care. Expert witnesses are essential in establishing the standard of care in medical malpractice cases. They explain complex medical concepts and define what is expected from medical professionals during treatment. This standard is crucial because it sets the benchmark against which medical actions ought to be measured.

Expert witnesses define the standard of care for the specific procedure or treatment. They provide detailed explanations of what a reasonably competent medical professional would have done under the same circumstances, helping to set the benchmark against which the defendant’s actions are measured.

Clarifying Complex Medical Concepts

The average person lacks an in-depth understanding of medical treatments and procedures. One crucial role of an expert witness is breaking down complex topics for the judge or jurors. Expert witnesses bring authority and legitimacy to a malpractice claim. Their professional insights can validate the injured party’s version of events and support the claim.

By providing education to the judge and jury, the expert witness assists them in reaching a more appropriate conclusion regarding the facts of the subject than they would have without the expert’s testimony.

Proving Causation

Expert testimony is often critical in proving that the medical provider’s negligence directly caused the patient’s injuries. This can involve:

Explaining how the provider’s actions harmed the patient.
Ruling out other possible causes of the injury.
Supporting the plaintiff’s claim with detailed medical evidence.

Strengthening the Claim

Expert witnesses bring authority and legitimacy to a malpractice claim. Their professional insights can validate the injured party’s version of events and support the claim. For example, a cardiologist might testify that a missed diagnosis of heart disease directly contributed to the patient’s injury; if all the symptoms of heart disease had not been missed, the patient might have been able to begin life-saving treatment earlier. This testimony can help the injured party prove negligence and strengthen their case.

Qualifications of an Expert Witness

State laws are very specific about who can testify as an expert witness in a medical malpractice case. The goal is to ensure the expert’s opinion is both relevant and credible. The most common rule, found in nearly every state, is that the expert witness must practice in the same or a similar medical specialty as the defendant. For instance, if the defendant is an anesthesiologist, the plaintiff’s expert must also be an anesthesiologist. Some states are even more stringent, requiring that the expert hold the exact same board certification as the defendant.

To qualify as a medical expert, one must possess “the requisite skill, training, education, knowledge or experience from which it can be determined that his or her opinion will assist the trier of fact in resolving issues of negligence or other professional misconduct”.

Physician expert witnesses must:

Hold a current, valid, and unrestricted medical license in the state where they practice medicine.
Be certified by the relevant board recognized by the American Board of Medical Specialties or a board recognized by the American Osteopathic Association.
Be actively engaged in clinical practice in the medical specialty or area of medicine about which they testify, including knowledge of or experience in performing the skills and practices at issue to the lawsuit.

The Expert’s Role in Litigation

The involvement of the expert witness in medical malpractice cases can take many different forms. Even before filing an action, an attorney may need an expert to evaluate the claim’s merits. In some states, there is a “pre-suit” period in which a plaintiff’s attorney must file a Notice of Intent, continuing the cause of action and the affidavit of an expert who has evaluated the claim’s merits. The expert witness reviews the medical records and provides a written opinion regarding the standard of care and whether or not there has been a deviation from the standard of care.

Expert witnesses can assist in the following ways:

Analyzing Medical Records and Procedures: Medical records are a key piece of evidence in a strong case for medical malpractice. Expert witnesses can help you and your legal team decipher what happened and where things went wrong.
Producing Written Reports: A written report provided by the expert witness generally includes their research, conclusions, opinions, and any necessary disclaimers. Their testimony is a critical part of building your case against the defendant.
Preparing for Trial: Expert witnesses are great assets when it comes to preparing your case.

Challenges and Considerations

The expert witness’s testimony is often crucial to a medical malpractice case. Therefore, the testimony must be objective, accurate, reliable, and an appropriate medical record analysis as it relates to the standard of care. One of the most significant concerns among the legal community regarding expert witnesses is that not all experts provide ethical testimony supported by scientific or medical evidence. Some attorneys “forum shop” until they locate an expert who will corroborate the attorney’s opinion rather than use independent judgment.

Potential expert witnesses should be aware of the increased legal scrutiny being applied to expert witness testimony in medical malpractice litigation. In the past, expert witnesses received absolute immunity from civil litigation regarding their testimony. This is no longer the case. Expert witnesses may be subject to disciplinary sanctions from professional organizations and state medical boards. In addition, emerging case law is defining the legal duty owed by the expert witness to the litigating parties.

Finding the Right Expert

Selecting an expert witness requires careful scrutiny. Your attorney will verify their credentials, current medical licenses, and relevant board certifications. Any prior disciplinary actions or challenges to the expert’s opinions could affect their credibility in court. The expert’s professional background and experience testifying in court can influence how effectively they communicate complex medical concepts to a jury.

When it comes to narrowing down potential experts for your medical malpractice case, your attorney can help you by:

Seeking Unbiased, Credentialed Professionals: Seek a qualified expert with substantial experience in the relevant field. Their knowledge can significantly strengthen your case.
Verifying Credibility and Testimony History: A credible witness is both confident in their field and the courtroom. If they have testified before, a good law firm will review their past testimonies.
Matching Specialization to the Case Needs: One of the most important requirements for a good expert witness is their field of expertise.

Conclusion

In medical malpractice injury cases, expert witnesses are more than just participants; they are pivotal figures who illuminate the path to justice. Their ability to clarify complex medical concepts, establish the standard of care, and provide unbiased opinions makes them indispensable in navigating the complexities of these legal battles. If you or a loved one has been a victim of medical negligence, understanding the crucial role of expert witnesses is the first step toward building a strong and compelling case.