Unlike other types of personal injury cases, such as car accident and dog bite claims, medical malpractice cases almost always involve a medical expert. Your attorney might bring in a specialist to assess the evidence, provide deposition, and perhaps testify at trial. An economic expert may also be retained to provide deposition and/or testimony regarding the value of damages.
Read on to learn about the role that expert witnesses might play in a medical malpractice claim:
Helping Your Attorney Prove Liability
It’s entirely possible for an unexpected medical complication to arise even if a doctor provides the highest possible quality of care. And just because a procedure didn’t go as planned doesn’t mean the patient was a victim of malpractice.
To prevail in a medical malpractice claim, it must be shown that the provider or facility breached the duty of care owed to the patient. This usually involves proving how a healthcare provider failed to use the most widely accepted and reasonable standards of care given the circumstances. A medical expert can evaluate your records and the types of care you received to determine if the provider or facility was negligent.
Helping Your Attorney Prove Damages
Proving liability is just half of the equation. To win a settlement or verdict, you must also demonstrate the types of damages incurred and their value, and prove how those damages were caused by the provider’s negligence.
Your attorney may bring in one or more expert witnesses to help prove causation and damages. For example, a medical specialist can provide deposition regarding your diagnosis and the kinds of care you will need to reach maximum medical improvement. An economic expert can provide deposition regarding the value of any future income you are reasonably certain to lose due to your injury (if applicable).
Since medical malpractice victims often have a pre-existing condition, it’s not uncommon for defendants in these cases to argue that the patient would have incurred their damages regardless of the malpractice. Your attorney might use a medical expert to prove how the healthcare provider’s negligence was the actual or proximate cause of your damages.
Discuss Your Case with a Medical Malpractice Attorney in New York City
If you received substandard care in a medical facility, contact The Law Office of Richard M. Kenny to discuss your case. Attorney Richard Kenny has more than 26 years of experience in legal practice, much of which has been devoted to helping medical malpractice victims and their families fight for the compensation they deserve.
After evaluating your case and the evidence you’ve gathered, we will explain the strengths and weaknesses of your claim, discuss the relevant case law and statutes, and help you make informed decisions. The initial consultation is free, so you have nothing to lose by contacting our office. Call 212-421-0300 or use our Online Contact Form to set up a free case evaluation with a medical malpractice lawyer in New York City.