To err is human, but not when you are a medical professional with someone’s health and well-being in your grasp. Health care professionals, including surgeons, specialists, physicians, nurses, and even technicians all are held to a higher standard.
When an injury occurs because that medical professional failed to uphold the expected standard of care, their negligence can lead to worsening symptoms from an illness or additional injuries. The victim may be subjected to significant medical costs, years of rehabilitation, and may never fully recover. The losses alone should be compensated, but so should the emotional damage, mental anguish, and the changes to their quality of life.
That is why the law allows for a victim to file a medical malpractice claim against these providers. When a medical provider causes harm and damages, that patient can seek compensation and hold the physician accountable.
While a victim has the right to seek compensation, the process of a malpractice claim is complicated. There is a lot of medical knowledge and research used during litigation, and the opinion of a well-trained, respected medical professional can swing a case. That is why it is not only crucial for victims to work with qualified malpractice attorneys, but to ensure they have a medical expert ready to testify.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Why Attorneys Use Medical Experts
A medical expert is almost always required to prove medical malpractice in Kentucky. This is because the jury needs someone to help them sort out the technical and medical information provided in these types of cases. Without an expert testifying and clarifying the evidence presented, a jury cannot make a sound decision.
Credibility and Persuasion of the Facts
The medical expert testifying can present their professional opinion, testify freely about the issues of the case, and they can explain to the jury how the physician fell below the standard of care. Also, they can discuss any violations of medical ethics, how they would have proceeded with a similar case, and their opinion on the outcome had the physician followed proper procedures.
A medical expert is well-spoken and knowledgeable about the subject; therefore, they offer more credibility than a non-physician testifying or even the victim’s own testimony.
When you use a medical expert, usually a physician of similar training and background to the defendant, they offer credibility. They have no connection to either party, and the outcome of the case does not affect them in anyway. By being impartial in that aspect, a jury is more likely to believe what they say over the victim or defendant.
Lastly, there are certain aspects that only a qualified medical expert can address, such as the critical elements present and the cause of the victim’s injuries or illness.
Helping the Jury Comprehend Medical Facts
The biggest reason for a medical expert is that they help the jury understand medical facts and terminology used throughout the case. These cases are complex and use vocabulary not known commonly. To decide, the jury must fully understand what happened.
An expert helps decipher medical codes and makes complex medical information easier to digest – to help the jury see why the defendant is at fault.
Key Aspects a Medical Expert Addresses in Their Testimony
A medical expert is hired to answer two fundamental questions in your case:
Did the doctor follow the standard of care for physicians in a similar position?
This is why the expert must have a similar background and practice in the same field. For example, if the physician you accuse of malpractice is a cardiac surgeon, then the expert hired to testify for your case would also need to be in that field or something similar. You cannot have a pediatrician testify on negligence of a cardiac surgeon, because these fields are too different in how they operate, the education required, and the field’s protocols. They will answer whether they feel the doctor acted in a normal, competent way, and how they would have acted in a similar situation.
The expert gives their professional opinion on the standard of care and shares how they feel the physician breached it. The expert will also use medical publications and guidelines established by the medical board in their testimony to further show how the defendant violated the acceptable standard of care.
Did the failure to follow the standard of care harm the patient?
Next, your witness ties your claims to the breach of care. It must be evident that the breach of care is what caused your injury. If your injury is caused by a reason outside of the breach of care, then you would lose your case.
The expert would discuss how the doctor’s failure to follow the acceptable standard caused your injuries in detail. They may also examine other factors that played a role, such as the doctor’s management of your care and how each error played a role. Likewise, they must show that it was the doctor who is primarily responsible. This is because the defense will use “other factors” to try and show that their client, the physician, was not the direct cause.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Hire an Experienced Lawyer Today
Having access to the resources you need to win your case is critical. That is why, if you have suffered injuries from a doctor’s mistake, you should contact Gladstein Law Firm, PLLC, immediately.
Attorney Seth Gladstein can help you with your case. He has experience handling medical malpractice cases just like yours, and he holds doctors accountable when they breach the standard of care you deserve. By pursuing your case, he will help you recover compensation for medical costs, lost wages, pain and suffering, and any long-term damages that you will now endure as a result of the doctor’s negligence. Furthermore, he can help ensure other patients do not suffer similar situations from that physician, hospital, or medical practice.
You can get started by meeting with him for a no-obligation case evaluation. Schedule your appointment now or request an appointment online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
