The Role of Medical Experts in Malpractice Lawsuits

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Posted on Monday, July 22nd, 2024 at 9:00 am    

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Medical malpractice lawsuits are complex legal cases that often rely on the testimony of expert witnesses. A good expert witness can sometimes make or break a case due to the specialized knowledge they provide that would otherwise be unknown to the judge or jury.

Without the testimony of an expert witness, it may be impossible to prove that a medical provider deviated from the accepted standard of care. A Chicago medical malpractice lawyer from Wallace Miller can explain the role medical experts play in malpractice cases.

What Is an Expert Witness?

An expert witness is someone with specialized knowledge, skills, or experience in a particular field who attorneys hire to provide testimony. They can be financial advisors, crash reconstruction specialists, or medical professionals.

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.

The more specialized an expert witness’s experience and skill set is in the case at hand, the more credible they will be in court. For example, if you’re filing a claim against an oncologist for failing to diagnose your cancer, another oncologist with decades of experience diagnosing that particular kind of cancer would be a good expert witness to have.

Importance of Expert Testimony in Medical Lawsuits

Expert testimony is vital in medical malpractice lawsuits for several reasons, including:

  • Establishing the Standard of Care – The jury won’t know the standard of care for medical professionals without an expert explaining it to them. Without understanding the standard of care, they can’t determine whether the defendant’s actions were negligent.
  • Clarifying Medical Details – The average person doesn’t have an in-depth understanding of medical treatments. One crucial role of an expert witness is breaking down complex topics for the judge or jurors.
  • Identifying Losses – An expert witness can assist in identifying losses suffered and how the defendant’s actions directly caused them.
  • Providing Credibility – Simply having an expert witness can lend credibility to the rest of your case. It shows that an industry expert believes in your claim.

Selecting Medical Experts for Legal Claims

Choosing the right medical expert to provide testimony is critical in building a solid malpractice case. When selecting an expert, you and your attorney should consider:

  • Relevance of Expertise – Your medical expert’s specialty should align with the malpractice you allege the defendant committed. If you claim the defendant made a surgical error, your expert witness should have experience performing the same surgery.
  • Credentials and Experience – The more experienced your expert witness is, the more credible the jury will find their testimony.
  • Communication Skills – An expert witness should have specialized knowledge and the ability to explain that knowledge clearly to the average person.
  • Impartiality – While your expert witness will testify supporting your claim, they should be objective and unbiased. If the jury suspects the expert is not impartial, the testimony will not carry as much weight as an unbiased opinion would.

The Role of Medical Evidence in Malpractice Suits

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Medical evidence, including medical records, test results, treatment plans, and other documentation, is the most important part of a malpractice case. To properly make use of this evidence, you need an expert witness who can:

  • Review and Analyze Evidence – A medical expert can do more than provide testimony at trial. They can also assist your case by reviewing and analyzing medical evidence and providing you and your attorney with additional insight.
  • Provide Findings Reports – Medical experts can also provide written reports of their findings after reviewing and analyzing evidence. Your attorney may use these written reports instead of having the medical expert testify in person, or the expert may use their report in conjunction with their testimony.
  • Demonstrate Importance – Medical malpractice claims involve a large amount of evidence that jurors must understand when deciding a case. Your medical expert can establish which evidence is most important to the case. They can accomplish this by highlighting specific parts of your medical record or actions the defendant took.

Contact our Chicago, Illinois, Medical Malpractice Attorneys Today

If you believe you are the victim of medical malpractice in Illinois, call Wallace Miller at (312) 261-6193 or contact us online for a free consultation with one of our experienced attorneys. We’ll review your case, explain your legal options, and gather evidence supporting your claim. That includes finding relevant expert witnesses to support your case.

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