The Role of Expert Witnesses in Proving Medical Malpractice

If you believe that you’re the victim of medical malpractice, seek the advice of an attorney before moving forward. Should your attorney agree that you have a case, you can work together to gather relevant evidence that malpractice occurred.

Calling expert witnesses to the stand can strengthen your case by providing an objective, detached opinion. These witnesses aren’t your primary care physician or anyone on your health-care team. They should not be personally invested in what happened to you. How can expert witnesses help you prove medical malpractice? Learn more about their role in the courtroom.

Educating the Jury

If your malpractice case goes to trial, an expert witness can provide crucial context to relevant events. Jury members are unlikely to be medical experts, so they may need complicated concepts broken down into easier-to-digest terms. An expert witness can simplify those concepts, explain medical jargon, and help the jury understand what happened to you.

Establishing Standard of Care

One of the most crucial pillars of a medical malpractice case is proving that your doctor owed you a certain standard of care. In medicine, “standard of care” refers to the care that any reasonable health-care professional would provide to the best of their ability. You and your physician negligence attorney can call an expert witness to compare what your physician did to what a reasonable physician would do under the same circumstances.

Adding Credibility

Ideally, your expert witness will be a competent health-care professional with a good reputation. If you’re claiming that your doctor behaved negligently or recklessly, calling a credible and level-headed expert witness will provide some contrast. When a medical professional with no investment in your case confirms that the defendant was negligent, the jury is likely to take their testimony seriously.

Demonstrating Negligence

Before your expert witness takes the stand, they’ll pore over your medical records and retrace the steps your doctor (the defendant) took. Because they are familiar with the standard of care, they can identify where the defendant deviated from that standard. They can explain when and how the malpractice occurred in terms that are easy for a jury to understand.

If you and your attorney are bringing a medical malpractice case to court, consider the crucial role of expert witnesses in successful claims. Their testimony can help you prove that negligence or malpractice occurred in a way that’s accessible to a jury of laypeople.