Medical malpractice cases hinge on complex medical standards that laypeople, including judges and juries, often can’t fully understand without guidance. That’s why expert witnesses are essential. Their testimony can clarify whether a provider’s actions fell below accepted standards and caused harm.
In this article, we’ll discuss who expert witnesses are, how they support your case, and how to select the right ones.
Who Are Expert Witnesses?
Expert witnesses are individuals working in the medical field who have extensive experience in the same area of medicine as the defendant. This may include physicians, surgeons, specialists, or other medical professionals.
These witnesses need to have the proper education, professional certifications, and experience to evaluate a case. They often also testify in court, so it’s important that they can explain medical terms clearly and coherently.
Why Are Expert Witnesses Essential in Medical Malpractice Cases?
In a malpractice case, the argument primarily hinges on whether the medical professional breached the standard of care, resulting in adverse outcomes. An expert witness with relevant expertise can assist in the following ways:
- Defining the Standard of Care: What was the proper procedure that should have been followed?
- Proving Causation: Was the defendant responsible for the negative effects?
- Strengthening the Plaintiff’s Case: Their knowledge provides clarity on the situation.
An expert witness is essential for building a strong medical malpractice case.
How Expert Witnesses Help Build a Strong Case
A consulting expert can change the course of your medical malpractice case. Here are a few ways they help build a better case:
1. 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.
2. 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.
3. Preparing for Trial
Expert witnesses are great assets when it comes to preparing your case. As medical professionals, they can help you craft a strong offense and prepare for possible defense strategies the defendant may use.
Selecting the Right Expert Witness
Choosing the right expert witness is essential. When it comes to narrowing down potential experts for your medical malpractice case, your attorney can help you:
1. Seek Unbiased, Credentialed Professionals
Seek a qualified expert with substantial experience in the relevant field. Their knowledge can significantly strengthen your case. Equally important is ensuring the expert is impartial. Avoid individuals with any connection to the case or whose opinions may be influenced by financial incentives—both are serious red flags.
As the Fifth Circuit Court of Appeals stated, “Experts whose opinions are available to the highest bidder have no place testifying in a court of law before a jury and with the imprimatur of the trial judge’s decision that he is an ‘expert'”.
2. Verify 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. An expert who has inconsistent or conflicting testimonies with what you have to present won’t be the best choice.
3. Match Specialization to the Case Needs
One of the most important requirements for a good expert witness is their field of expertise. While there is a lot of overlap in medicine, there are specialists for a reason. If your case involves a brain injury, a neurologist would make sense as an expert witness. Likewise, an obstetrician would be a relevant witness in a birth injury case. Having a directly applicable testimony matters when creating a compelling case.
Expert Testimony at Trial
The standards for expert witnesses have shifted over the years. In 1923, the Frye Standard was introduced, and held that an expert opinion was admissible if it held true throughout the scientific community. In 1993, however, the Daubert Standard was created, which gives the judge final say on the expert opinion’s relevance in court. While states are still split on the standards, federal courts use the Daubert standard. This means your expert witness needs to be prepared not only with credentials but also for the court itself.
While there are many qualified professionals in the medical field, the best witnesses for medical malpractice cases usually do well in the following areas:
Simplifying Medical Jargon
When you consult an expert witness, it’s often to decipher medical terms and procedures as you build your case. This is beneficial to your case both as you prepare and during court proceedings. Making the medical issue easy to understand will strengthen your case.
Highlighting Deviations from Standards
A good witness can pinpoint breaches of the standard of care. As an expert in their field, they know the standard operating procedures for your case. Communicating those clearly and succinctly is a sign of a good expert witness.
Responding to Cross-Examination
In most malpractice cases, expert witnesses will have to testify in court as well as document their findings in a report. While in court, they need to be able to handle the pressure and feel confident in their assessment of the case as they testify and are questioned by both sides.
How G. Eric Nielson & Associates Leverages Expert Witnesses
If you are faced with a medical malpractice case, things can feel overwhelming. At G. Eric Nielson and Associates, we have a proven track record of winning expert-backed cases. We’ve taken the time to build strong relationships with trusted medical professionals across a wide variety of specialties to give you the best chance of success.
We offer free consultations, and no fees unless we win your case. Contact our team today to discuss your specific case.