Why Lawyers Work With Medical Expert Witness Companies?

If you’re looking to file a medical malpractice lawsuit, you probably heard about medical expert witness companies. These experts are an integral part of medical malpractice claims which have a specific set of rules.

In most cases, your lawyer will work with one of the medical expert witness companies they choose because that’s the only way to file a lawsuit.

Here’s what you should know about these experts and the importance of their testimonies.

Why Is This Testimony Required?

Typically, plaintiffs are required by the law to have testimony from a medical expert before even filing a lawsuit. 

Why?

Since the medical field is very complex, you’ll need expert help in proving the following:

1. You were under the care of the medical professional you’re suing

2. The medical professional in question was negligent or provided care that isn’t up to the medical standards.

3. The substandard care contributed to your injuries

4. You suffered specific types of damages due to these injuries

These four elements form the basis of a medical malpractice suit. Since your lawyer is not well versed in the medical field., and nor are you. This is why you’ll need help from medical expert witness companies who will send one of their experts to help you prove these elements.

The most important part is establishing the standard of care in the specific type of circumstances and proving how the defendant provided care below that standard. In other words, only an expert is competent enough to claim a physician or other professional didn’t show standards that another professional would have shown under identical circumstances.

Additionally, a medical expert has the necessary knowledge to claim with certainty that the substandard care contributed to your injuries.

However, even though they are in the medical field, the defendant may also leverage services from one of the medical expert witness companies to defend their position. To put it differently, their expert will claim that the care their client provided was in line with the medical standards.

This position is usually referred to as the battle of the experts, and sometimes, medical malpractice cases are won on the merits of an expert’s credibility.

Who Are Medical Expert Witnesses?

Generally, an expert you hire should come from the same field as the medical professional you’re pressing charges against. For instance, if you’re suing someone for a surgical error, not just any physician will suffice, you’ll need a surgeon’s testimony.

Medical expert witnesses come from different branches. They can be physicians, nurses, and other professionals such as surgeons or medical billing specialists.

When choosing an expert, you should go with an expert still actively practicing medicine. These individuals will be up-to-date on the latest standards of care, and their testimony will simply be more credible.

Additional qualifications may include board certifications, publications in medical journals, experience with providing testimony, as well as experience with creating affidavits of merit.

It’s also worth noting that in some cases a medical expert witness doesn’t have to be a medical provider. For instance, if you’re pressing charges for the wrong medication, you’ll need expert testimony from a pharmacist. Or if you’re suing a medical provider for a billing error or a billing fraud, you’ll need an expert on medical billing (for example we’re one of the best medical expert witness companies specializing in medical billing).

What Does A Medical Testimony Include?

The testimony of a medical expert will provide an answer to the two crucial questions: 

1. The standard of care

Your medical expert will testify about the actions that a competent medical provider would have done if they were met with similar circumstances. For instance, if a doctor didn’t provide the correct diagnosis, the expert will testify about what a doctor with the same credentials would have done instead when presented with the same set of symptoms.

If there is a mismatch between the two, the expert will conclude that the standards of care weren’t met by the defendant.

2. The causation

After the failure to meet standards of care was established your expert will testify how it contributed to your injuries. This is especially challenging since proving causation can be difficult. 

For example, it’s very hard to determine if the defendant’s action led to the bad outcome or were the injuries simply caused due to the condition the defendant was treating.

This is why an expert is crucial, as only they can link the injury to a physician's failure to meet the standards of care.

Can You File A Malpractice Lawsuit Without A Lawyer Or A Medical Expert Witness?

Medical malpractice lawsuits are not simple workers comp’ cases. You need a deep understanding of legal, as well as different medical issues. There are also more rules you need to be familiar with.

Regarding an expert, in many states, you’ll need an expert witness testimony before even filing your suit. Your lawyer will advise you on which expert you should choose. They may rely on medical expert witness companies, but they may also have a contact list full of experts they worked with on previous cases.

It’s important to note that in specific circumstances, you may not even need a medical expert witness. This usually applies to medical errors that are obvious enough for every juror to understand. For instance, if a surgeon leaves a medical instrument inside a patient’s body, you don’t need to be a doctor to realize this is malpractice.

This rule is referred to as ‘’res ipsa loquitur’’ (the thing speaks for itself). Nevertheless, you need to prove the following:

1. You were harmed while under the care of the defendant

2. The injury wouldn’t have happened if the defendant wasn’t negligent

3. You didn’t contribute to the injury.

In conclusion, you’ll need a lawyer and your lawyer should determine if res ipsa loquitur applies to your malpractice case.

Wrapping Up

A medical expert witness is necessary for most malpractice cases, so you’re bound to talk to one sooner or later. 

When filing your claim, make sure that you talk to an experienced malpractice lawyer who will help clarify the facts of your case and help you determine whether your case needs a medical expert witness.

Then, they’ll connect with one of the medical expert witness companies or bring their trusted witness on board. Ultimately, together, they’ll help win your case and recover your well-deserved settlement.