How Important is the Role of the Expert Witness in a Medical Malpractice Claim?
Medical malpractice claims are complicated. Patients may not always understand what has happened to them, or that they may be entitled to compensation. A medical malpractice case hangs on the ability of the plaintiff to prove a direct line of causation between the physician’s (or other medical professional’s) error and your injury. An effective medical expert will be able to do that in a way that is clear, compelling and convincing to the jury.
Why do I need a medical expert’s testimony at trial?
Have your eyes ever glazed over when listening to someone describe something complicated that you did not understand, but you were too polite to ask them to stop talking? During the trial, the expert witnesses’ role is to avoid that kind of reaction from the jury. They must make the complicated information about the medical mistake that caused your injury understandable so that the jury, which is likely made up of non-medical experts, will be able to make an informed decision about your case without becoming overwhelmed.
To prove medical malpractice, the plaintiff must give evidence that proves how the doctor’s action or failure to act constitutes medical negligence. The medical expert will explain what the accepted standard of care is for that specialty, and how the doctor’s conduct breached that standard of care. They will demonstrate for the jury what the physician did to cause the injury, and what another reasonable doctor in that specialty would have done differently within the standard of care and avoiding causing the injury.
How will the medical expert witness affect my medical malpractice case?
The plaintiff’s medical expert’s ability to show how the doctor failed to follow the standard of care, and how their failure to follow the standard of care caused the injury, could be the deciding factor in whether the plaintiff wins or loses the case.
Plaxen Adler Muncy, P.A. is a premier medical malpractice law firm serving victims of medical malpractice throughout Maryland. If you or your family member sustained an injury because of a negligent medical professional, we want to help. You are welcome to call 410-730-7737 or fill out our contact form to schedule a free consultation now with a lawyer you can trust.
Learn more about medical malpractice claims:
7 Frequently Asked Questions About Medical Malpractice in Maryland
Non-Disclosure Statements in Medical Malpractice Cases Keep You from Knowing the Truth
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.