Medical malpractice cases are well-known for their complexity. Injured victims must meet a high burden of proof to establish negligence. Expert witnesses are the bridge between the complicated world of medicine and the jury that is tasked with making decisions in malpractice cases. The testimony of an expert witness can be enough to change the entire outlook for either the injured party or the defendant.

A focus on the role of an expert witness in a medical malpractice case can show what they look for when evaluating a case. Understanding the responsibilities of an expert witness during a case helps an injured person prepare for the challenges of building a successful negligence argument. 

How Important Is an Expert Witness in a Medical Malpractice Case?

The main focus in a medical malpractice case is to show that a healthcare provider’s level of care towards a patient fell below the accepted standard in that area of medicine. When that failure to provide care at the accepted level directly causes an injury, the beginnings of a case for negligence are in place. 

One of the main difficulties in a medical malpractice case is explaining the extremely technical concepts and terminology of medicine to a jury of people who have no training or experience in the medical field. It is difficult enough to explain what negligence is to a jury. The difficulty level rises dramatically when that same jury must make decisions regarding negligence that relate to medical concepts and circumstances. 

The professional expertise of a physician combined with the ability to discuss complex medical concepts in an understandable way places a high degree of importance on a medical expert. Without an effective medical expert, the key points of an injury victim’s case can be lost on a jury that cannot understand the circumstances involved. 

What Aspects of a Medical Malpractice Case Do Medical Experts Look at Most Closely?

A medical expert first examines the standard of care for that particular case. The standard of care is not the same for all areas of medicine. Rather, the standard of care relevant in a medical malpractice case involves reviewing how a reasonably competent medical provider in that area would have performed in the same or a similar situation. 

Often, a medical expert can look at this factor and quickly determine whether a case has the potential for success. Without the level of care provided by a physician falling below the commonly accepted level, there is no opportunity for success in a medical malpractice case. 

Even still, it is not enough to prove that a healthcare provider’s level of care fell below the commonly accepted level for that area of medicine. In addition to this analysis, a medical expert is typically tasked with examining the available evidence in a case to see if there is enough to show causation of the alleged injuries. 

Again, a medical expert is usually asked to create a report with their observations. If a settlement cannot be reached between the parties, then the medical expert will likely be expected to testify in court about their findings made throughout the course of the case.

Who is Qualified to Act as a Medical Expert in a Malpractice Case?

Not just any person, or even any physician, is qualified to act as a medical expert in a malpractice case. Rather, the specific qualifications for an individual to fulfill the duties of a medical expert are focused on three areas:

1. The expert must have a valid medical license and significant experience in the field. These are strict qualifications that must be adhered to. 
2. The ability to complete a thorough report. Early in the life of a case, a medical expert must write a report summarizing their findings and offering opinions on the key questions in the case. Did the physician(s) in question provide satisfactory care? If not, did the failure to do so lead to the injuries complained of? Finally, what were the damages suffered- both economic and non-economic?
3. A medical expert’s testimony and written opinions must be based on specific information gathered in the course of an investigation. This forces a medical expert to only offer opinions supported by the available evidence. In this way, there are limits to the testimony of an expert witness. 

How an Injured Party Effectively Utilizes a Medical Malpractice Expert to Prove Their Case

A good medical expert will look at a malpractice case in the following areas to determine how best he or she can help an injured victim who has hired them:

• It is not enough for a medical expert to assert that the doctor’s performance during a surgery fell below the accepted standard of care. Rather, the expert will focus their testimony on what the surgeon should have done to avoid the outcome that has led to a significant injury for a plaintiff. 
• Proving causation in a medical malpractice case is a major hurdle which must be cleared. Did the negligence in question cause the harm complained of by the injured victim? The error during a surgery must have caused the harm suffered by the patient and complained of during a malpractice case.
• Medical records are critical pieces of evidence in a malpractice case. These records contain diagnostic test results, diagnoses, procedure histories, and other assorted pieces of information. A medical expert can make a two-dimensional case more robust by helping present an injured victim in three dimensions to a jury. 

Contact Crim Law, PLLC Today for a Free Case Review

An experienced West Virginia medical malpractice Lawyer provides key advantages for a person injured in a medical setting. From helping choose a medical expert to preparing a client for witness testimony, Crim Law, PLLC digs in and assists clients to the utmost. Contact our office today for a free case review.