Do I Need an Expert Witness for My Atlanta Medical Malpractice Case?
If you are about to file a medical malpractice claim, you may be asking yourself if you need an expert witness for your case. An expert witness is someone with extensive knowledge or experience in a specific field. So, do you need an expert witness for your Atlanta medical malpractice case? Yes, you need an expert witness for your Atlanta medical malpractice case. For a medical malpractice case to succeed, you need a medical expert’s testimony. Usually, medical experts will provide opinions about the applicable standard of care, how the medical professional fell short of it, and how the deviation caused the victim harm. All these are things you need to prove before you can recover compensation. Below, we explain more about why expert witnesses are necessary to win a medical malpractice case and the qualifications an expert witness must meet.
Why Are Expert Witnesses Necessary To Win a Medical Malpractice Case?
The first thing you must prove in your Atlanta medical malpractice claim is the applicable standard of care. In a medical malpractice case, the standard of care is the level of care a reasonably skilled and competent medical professional would have provided under the same or similar circumstances. An expert’s testimony is necessary to establish the applicable standard of care. A medical expert will rely on their training and experience as a basis for their opinion about the relevant standard of care. An expert witness may also rely on publications and medical literature.
To win an Atlanta medical malpractice claim, you must prove that the medical professional violated the standard of care. An expert witness can help demonstrate the violation of the standard of care. The medical expert will testify about the defendant’s actions or inactions that constitute a violation of the standard of care. For instance, an expert witness can help show that the defendant failed to diagnose the victim’s condition or injury.
Of course, the defendant may also retain an expert witness to testify that they did not violate the standard of care. In a case where both sides have an expert witness, the outcome may depend on which expert witness the jury finds more credible. For this reason, it is important that you find a qualified and credible expert. A skilled medical malpractice attorney can find the right expert witness to support your case.
Proving the applicable standard of care and that the medical professional violated it is not enough to win your Atlanta medical malpractice claim. You also need to show that the violation caused you or your loved one harm. The link between the violation and harm is called causation. A qualified medical expert can establish the link between the defendant’s sub-standard care and your or your loved one’s harm.
What Qualifications Must an Expert Witness Meet?
Doctors and other health practitioners in Georgia must meet strict standards to qualify as expert witnesses in a medical malpractice case. These standards include the following;
- They must have been actively practicing or teaching in that area for at least three of the last five years leading up to the date of the malpractice;
- They must be licensed by the applicable jurisdiction in which they practice; and
- They must possess professional knowledge and experience in the area at issue in the case.
Contact an Atlanta Medical Malpractice Attorney
If you need help with your medical malpractice case, contact our skilled and dedicated Atlanta medical malpractice attorney at Carroll Law Firm.
Source:
law.cornell.edu/wex/expert_witness
