Suffering the trauma of ineffective, or hurtful medical care can be life-altering, but is not always a case of medical malpractice. The benefits of utilizing a knowledgeable medical expert witness can be invaluable in providing the basis needed for a jury to make a fair and equitable decision based on fact.
What Is an Expert Witness for a Medical Malpractice Case?
Understanding technical medical jargon can be difficult without extensive training and experience. An expert witness with medical malpractice cases is a needed individual that can break down the technical information into an easier-to-understand format that most people can grasp. It is demanded that they remain impartial in order to offer a fair assessment of the incident in question. Not every case brought before a jury ends up being provable medical malpractice.
What Is Medical Malpractice?
Professionals in the medical field are expected to do what is right and good for patients at every possible moment in their careers. There is set protocol in place that governs decisions that are made to order tests, make an accurate diagnosis and initiate treatments that are effective. When protocol is ignored and judgement calls are made that are out of the norm of what others in the same field would make, questions begin to arise as to whether it is medical malpractice. Medical malpractice experts witness testimony helps clear up the lingering questions.
Standards of Care and Breaching Standards of Care
Having success with a tort for medical negligence and malpractice requires showing that the professional failed to offer the type of care that would be reasonably expected in the same circumstances by the average expert in the field. A medical expert witness is one that can offer their insight to help show this was, or was not the case. Being able to explain to a jury how the standard of care was breached is critical to winning in a court of law.
Differences In Medical Errors and Negligence
There is a huge legal difference between medical errors and negligent care. There can be serious adverse reactions to medications, or secondary infections set in that cause more harm to a patient, but were not foreseeable to the medical personnel. These do not fall under medical negligence or malpractice if reasonable care was given to the patient.
Burden of Proof
The burden of proof in any medical malpractice case rests with the plaintiff. Using medical malpractice experts witness testimony is the easiest and most effective way to define the parameters of reasonable care and whether they were breached. This is just as important as having everything documented.
Contact a medical malpractice expert and get all of your medical expert witness questions answered today! Find more information and learn from the resources available on the JD.MD, Inc. website.