To be successful in winning a medical malpractice case, the patient typically must prove not only the existence of a doctor-patient relationship, but that the particular doctor or other type of healthcare provider was negligent in providing care and that they were harmed by said negligence. 

Proving Negligence 

The basis of nearly every medical negligence case is to establish just how the doctor’s conduct or failure to act resulted in a level of damage that caused serious harm. To prove negligence was involved, it’s generally necessary for the patient to hire an attorney that specializes in the injury at hand. 

Financial Devastation May Occur With Proper Expert Witness Testimony

It’s extremely important to prove negligence in a medical malpractice case which is why, for example, someone might need a cerebral palsy lawyer if it’s suspected that a doctor who helped deliver a baby was negligent, resulting in a brain injury to the infant that led to cerebral palsy. As the total lifetime care costs to take care of a child with this diagnosis, is over $1 million, it’s essential that the parents or other caregivers can financially afford to do so without going bankrupt.

Obtaining an Expert Witness

This lawyer would then obtain an expert witness who has experience with the type of health condition or procedure in question and also has ties to the particular medical community that incident occurred in. The medical expert witness must examine the material facts in the case, such as lay witness testimony and medical records as well as create models and other visual aids that explain their theories, prepare written statements and reports, and, finally, provide expert testimony before the court. Finding an expert to testify on a patient’s behalf is an essential early step in most cases like these, but they don’t come cheap and they can be difficult to find – a highly qualified, experienced lawyer will have the necessary connections that the average person does not. 

Why Expert Testimony is So Critical

In the majority of medical malpractice cases, testimony by an expert is critical or the judge will likely dismiss the case. Why? The courts feel that the information the jury must consider in a medical malpractice case is much too complicated to sort out without assistance unless they’re all experts themselves. While the jury doesn’t have to adopt the expert’s onion, they do have to use it to appropriately consider the facts. 

The Importance of the Expert’s Medical Opinion Prior to the Lawsuit Being Filed

Obtaining an expert medical opinion before the medical malpractice case is filed helps to prepare the case for litigation. Without the opinion of said expert, a plaintiff can’t prove that the defendant doctor failed to meet his or her duty of care in diagnosing or treating the patient. The attorney that obtains a medical expert’s opinion before the case is filed is able to prepare a comprehensive litigation strategy that conforms to the evidence available from the expert witness. 

Even if a claim settles outside of litigation, an expert medical opinion is frequently the key to obtaining a fair settlement offer. Oftentimes, the insurance company will make a settlement offer to avoid a lawsuit, provided the claimant has enough evidence that they would ultimately prevail at trial. Whether it goes to trial or not, the claimant must be prepared to procure a fair settlement.