Expert witnesses make a huge difference in any medical malpractice case. The role of a medical expert who is testifying in a med mal case is to either validate or disprove the plaintiff’s claims. Each side will have their own expert witnesses to prove their arguments. Since medical malpractice can be complicated for someone with no medical background, having a medical expert by your side can help break down the negligent healthcare provider’s fault in simple terms.
When do You Need an Expert Witness?
While your medical records may show that you sustained an injury, it means nothing to a judge or jury unless you have an expert witness who explains why your doctor was negligent in causing your injury. A medical expert can help the jury understand fault without having to know medical terminology. Your expert witness will establish the link between your doctor’s malpractice and your injury, as well as prove that the physician’s actions deviated from the accepted standards of care. If you do not have an expert witness to validate your claim, a judge is likely to dismiss our case or conclude that the defendant was not negligent.
Kentucky’s medical malpractice law requires a plaintiff to prove that their case has merit before suing their healthcare provider. Therefore, an expert witness’s testimony is a critical element of filing a medical malpractice lawsuit in Kentucky. The medical expert who is prepared to testify in your case will review your arguments and sign a certificate of merit that you will file a lawsuit. The certificate of merit serves as proof that you have a valid med mal claim. However, just because your medical expert signed the certificate of merit is no guarantee that you will win your lawsuit. Whether or not you will win depends on the expertise of your attorney, the strength of the evidence presented, whether your expert witness is able to convince the judge and jury, and a variety of other factors.
What Will Your Expert Witness Testify About?
Your expert witness in a medical malpractice case has a role to establish three elements of your claim:
- Your doctors had a duty to follow certain standards of care that exist for all professionals in the same medical field; and
- Your healthcare provider’s actions deviated from the standard of care; and
- That failure to adhere to the standard of care caused your injury.
Clearly, the standard of care for medical professionals is much higher than that of the average person. For this reason, your medical expert must have a similar background to the defendant in order to explain what another reasonable physician would have done in the situation that caused your injury. The expert witness will provide their opinion based on your evidence. Since every field of medicine has its own standards of care, your expert witness must have a similar background and experience to the healthcare provider who allegedly committed malpractice. You need a knowledgeable Lexington medical malpractice attorney, find the appropriate expert witness to validate your claim and testify on your behalf. Contact Roberts Law Office to locate a medical expert who would sign the certificate of merit. Call at (859) 231-0202 to schedule a consultation.