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When a bad outcome happens in medicine, whether it’s after a doctor prescribes a prescription drug or a surgeon completes an operation, it’s common for patients to wonder if they’re victims of medical malpractice. However, proving medical malpractice is notoriously difficult. That’s why many Ohio medical malpractice lawyers rely on the testimony of expert witnesses.
These highly skilled people have specialized knowledge and experience which are pivotal in determining liability in medical malpractice cases. For victims seeking justice through the legal system, understanding the function and significance of expert witnesses is crucial.
In Ohio, not just any expert can testify in a medical malpractice case.
The law requires that these professionals work in the same or a similar specialty as the defendant, ensuring they have up-to-date knowledge of the standard of care relevant to the case at hand. Their expertise enables them to scrutinize the actions of the healthcare provider from a position of informed authority.
In a medical malpractice case, a lawyer might consult various types of expert witnesses depending on the specific aspects of the case. These experts not only provide testimony regarding the standard of care and whether it was breached, but they also offer insights into the causation and damages resulting from the alleged malpractice.
Here are several types of expert witnesses commonly consulted in medical malpractice cases:
The choice of expert witnesses depends on the complexities of the medical malpractice case, the nature of the alleged malpractice, and the specific issues at hand.
Many questions must be answered in medical malpractice claims, and expert witnesses can play major roles in answering those questions or providing more clarity for judges and juries.
Some of their important contributions include:
Expert witnesses play a crucial role not only during trials but also throughout various stages of a medical malpractice claim. Their involvement is pivotal for several reasons beyond providing testimony in court.
Here’s how expert witnesses contribute at different phases of a medical malpractice case:
Before a lawsuit is even filed, expert witnesses may be consulted to assess the merits of a potential claim. In Ohio, injured patients are required to obtain an expert affidavit or a certificate of merit to file a medical malpractice lawsuit. This document, prepared by an expert witness, asserts that the claim has a basis in fact, indicating that the healthcare provider's actions likely deviated from the accepted standards of medical care.
During the discovery phase, expert witnesses help interpret medical records, test results, and other relevant documents. They assist in formulating questions for depositions and may be deposed by the opposing legal team. Their analysis can uncover critical details that strengthen the patient's case or identify weaknesses that need to be addressed.
Many medical malpractice claims are settled out of court, and expert witnesses play a significant role in these negotiations. By clearly articulating the medical and financial consequences of the malpractice, expert witnesses can help patients get fair settlements.
If a medical malpractice claim proceeds to trial, expert witnesses are often called upon to testify before a jury or judge. They can explain complex medical terminology, procedures, and standards of care in an understandable manner, helping to establish whether the defendant breached the standard of care and whether that breach caused the patient's injuries.
Expert witnesses are often essential for medical malpractice claims, but not all firms have access to them—or know what makes an expert witness convincing, thorough, and knowledgeable.
At Nurenberg, Paris, Heller & McCarthy, we’re proud to have longstanding connections with highly respected and accomplished medical professionals throughout Ohio who help serve as expert witnesses in our clients’ medical malpractice cases.
If you or someone you love was harmed by a doctor, surgeon, or other provider, we want to hear your story. Contact our Ohio medical malpractice attorneys today for a free consultation.
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