What Is a Medical Malpractice Expert?

A Medical Malpractice Expert is a doctor with the education and experience to evaluate medical malpractice claims. This person typically has a medical degree, years or even decades of practice, and may have published medical research on their specialty. The best Medical Malpractice Experts have a deep understanding of CPT codes and medical jargon that can help to make their testimony more credible for a jury.

A Medical Expert Witness provides an unbiased and neutral evaluation of the evidence for a legal case. They are a valuable resource for both plaintiffs and defendants. This is because they provide an educated opinion regarding the standard of care for a particular case, as well as any deviations from this standard that resulted in harm. They also act as an educator for the attorneys, judge, and jury, allowing them to direct their questions better and focus on the clinically significant points of the case.

Expert witnesses can also assist with establishing causation. This involves identifying what factors directly led to the patient’s injury. For example, if a birth injury was caused by obstetrician negligence during the labor and delivery process, this might involve addressing fetal and maternal factors, as well as the role of the medical team in the overall procedure. An expert witness can help to establish which of these factors led to the injury and how it was a direct result of the alleged negligence.

While an expert’s opinions are highly respected, it is important to remember that they must be based on factual and reliable information. Experts who fail to meet these standards often run into trouble when testifying in court. For instance, a New York court recently dismissed a plaintiff’s malpractice claim over a neurologist’s expert testimony because she did not properly explain her credentials and the medical specialty of neurology.

When a Medical Malpractice Expert does not meet the necessary criteria for a lawsuit, it can still be beneficial to use them in your case. They can help to explain complex medical aspects of the case in a way that is easy for a jury to understand. This can give your case more credibility and may strengthen your argument against the defendant.

Depending on your legal situation, you may need an expert witness for both medical and economic issues. A medical expert will be able to provide an opinion on the medical causes of your client’s injuries, while an economic expert can calculate the financial implications for your case, including past and future loss of income or additional life-care costs.

Some errors are so clear that a jury might not need an expert’s opinion to determine liability. However, this is not always the case. For example, a surgeon who leaves an instrument inside a patient’s body might be found liable under the doctrine of res ipsa loquitur, but only after an expert witness has evaluated the facts of the case.

It is important to hire an expert witness early in your case to ensure that they are available for your trial date. Some experts are busy with multiple cases and may not be able to provide their services at the last minute. Others are reluctant to share their opinions because they are afraid that they will be accused of bias. Choosing the right expert for your case is crucial, especially in a medical malpractice case where the expert is expected to be heavily questioned by both the defense and prosecution.