{"id":8573,"date":"2021-12-14T13:09:35","date_gmt":"2021-12-14T18:09:35","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/how-an-expert-witness-can-help-medical-malpractice-lawsuits\/"},"modified":"2024-07-10T15:30:11","modified_gmt":"2024-07-10T19:30:11","slug":"how-an-expert-witness-can-help-medical-malpractice-lawsuits","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/how-an-expert-witness-can-help-medical-malpractice-lawsuits\/","title":{"rendered":"How an Expert Witness Can Help Medical Malpractice Lawsuits"},"content":{"rendered":"<h2><span style=\"font-weight: 400;\">The Role of an Expert Witness in a Medical Malpractice Case<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">The job of an expert witness in a<\/span><a href=\"\/practice-areas\/medical-malpractice\/\" target=\"_blank\" rel=\"noopener noreferrer\"> <span style=\"font-weight: 400;\">medical malpractice lawsuit<\/span><\/a><span style=\"font-weight: 400;\"> is to give their professional opinion about whether or not the defendant, or doctor, violated the standard of care, which caused the plaintiff&#8217;s injury.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">An expert witness is often consulted by lawyers on either side of a case&#8211;for example, defense attorneys can hire experts to say that the treatment was not appropriate, and the plaintiff&#8217;s attorney can hire experts to say that it was.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">It is possible for an expert to testify as &#8220;the neutral expert&#8221;&#8211;meaning that they are not working for any party in the trial, but are there to provide their opinion about what happened based on the facts of the case. Their job is simply to answer questions from both sides then give their professional opinion about what happened.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">An expert witness can be extremely important in bringing about a positive outcome in your <a class=\"wpil_keyword_link\" href=\"https:\/\/www.napolilaw.lemonadestand.org\/en\/practice-areas\/medical-malpractice\/\"   title=\"medical malpractice\" data-wpil-keyword-link=\"linked\"  data-wpil-monitor-id=\"29\">medical malpractice<\/a> case. Not only do they provide insight into whether or not the treatment was appropriate based on their experience and knowledge, but also they can help strengthen your case.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Expert witnesses are often necessary in proving negligence&#8211;that is, whether or not there were any red flags that should have given doctors reason to question the treatment they were providing.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Do All Medical Malpractice Cases Need an Expert Witness?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Not all <a href=\"https:\/\/www.napolilaw.lemonadestand.org\/article\/medical-malpractice-vs-negligence-whats-the-difference\/\"  data-wpil-monitor-id=\"47\">medical malpractice<\/a> cases need an expert witness&#8211;if your case is clear cut, with plenty of evidence to support your claims without the help of an expert, then you may be able to get through trial with a favorable outcome.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">However, if there are any questions about what happened or whether or not the doctor violated standards of care, it would be in your best interest to hire an expert witness.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">At the end of the day it&#8217;s about preparing as best you can to win your case. An expert witness is someone who can help shine light on facts that might otherwise be missed or obscured, which can strengthen your case and increase your chances of success.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Who Can Be an Expert Witness?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Not everyone can be an expert witness in a medical malpractice case. The qualifications and expertise of the witness should be relevant to the specifics of your case.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, if you&#8217;re suing a hospital for wrongful birth, then you might want to hire an expert who can testify about the necessity of prenatal testing.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you were injured by a medical device, then your expert witness might need to be someone who knows about that particular type of device, how it works, and the risks associated with misusing it.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are plenty of fields in which someone can specialize as an expert witness in medical malpractice cases, such as:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Emergency Room Physicians<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Obstetricians and Gynecologists<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Radiation Oncologists<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Anesthesiologists<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Pediatricians and Pediatric Specialists<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Emergency Medical Technicians (EMTs)<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">You can also hire experts who have experience in general medicine, but in most situations it would be preferable if they had qualifications in a particular area.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Some states require that expert witnesses must be licensed in the same state where the trial is taking place. For example, if you&#8217;re suing a doctor in California, then your expert witness must also be licensed to practice in California.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">How an Expert Witness Proves Negligence<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">An expert witness can help prove that there was negligence by identifying some detail about the situation that should have been noticed by the defendant. For example, the patient&#8217;s injury may have warranted a procedure different than the one that was performed, a test wasn&#8217;t ordered when it should have been, etc. The point being that there was an opportunity for the doctor to know that something was wrong and do something about it, but they did not.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are a number of different factors that an expert witness can help show to be evidence of negligence. For example, failing to meet the standard of care, a deviation from an established protocol, or breaching <a href=\"https:\/\/www.napolilaw.lemonadestand.org\/article\/what-is-informed-consent\/\"  data-wpil-monitor-id=\"28\">informed consent<\/a> are all things that can go towards proving that someone has been negligent.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Although medical experts are not allowed to give an opinion about whether a doctor was negligent, they can identify deviations from the standard of care that would have been seen by a reasonable doctor.<\/span><\/p>\n<h2><span style=\"font-weight: 400;\">Legal Help for Your Medical Malpractice Lawsuit<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">If you&#8217;re considering filing a medical malpractice lawsuit, get in touch with Napoli Shkolnik. Our dedicated team of attorneys will guide you through the entire process, including deciding whether or not an expert witness can help your medical malpractice lawsuit.<\/span><\/p>\n<p><a href=\"\/contact-us\/\" target=\"_blank\" rel=\"noopener noreferrer\"><span style=\"font-weight: 400;\">Get in touch<\/span><\/a><span style=\"font-weight: 400;\"> with Napoli Shkolnik today!<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Role of an Expert Witness in a Medical Malpractice Case The job of an expert witness in a medical malpractice lawsuit is to give their professional opinion about whether&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8574,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[780],"tags":[881,953,1062,815,880],"class_list":["post-8573","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-medical-malpractice","tag-doctor-mistakes","tag-medical-malpractice","tag-revision-surgery","tag-general-negligence","tag-surgery-errors"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8573","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=8573"}],"version-history":[{"count":2,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8573\/revisions"}],"predecessor-version":[{"id":18084,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/8573\/revisions\/18084"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/8574"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=8573"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=8573"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=8573"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}