Expert physician witnesses are almost always involved in medical malpractice claims. An experienced medical malpractice attorney will have many contacts and should not have a problem securing appropriate medical expert witnesses for your case. Expert witnesses are critical throughout the entire medical malpractice case process from determining whether or not the case has merit to testifying at trial, and everywhere in between.
In medical malpractice claims, expert physician witnesses help in many ways including the following:
Determining whether or not a case has merit – An expert witness will review the facts of the case and make an assessment of the merits of the case. He or she may do a chart and file review as well as an interview with the plaintiff. Medical malpractice cases are not easy and an expert witness will help the plaintiff and attorney understand the case from a medical professional’s perspective.
Pennsylvania Certificate of Merit requirement – Pennsylvania has a certificate of merit requirement so that an attorney must file a certificate of merit when the case is filed or shortly thereafter for a medical malpractice claim. With some exceptions, the attorney’s certificate of merit will provide that a medical expert has reviewed the case and is of the opinion that there is a reasonable probability that the defendants’ conduct fell outside of acceptable professional standards and caused injury to the plaintiff.
The expert witness’s knowledge and opinions will be helpful to your attorney in preparing your case and developing legal strategies. His or her knowledge and opinions will also help in guiding discovery and deposition questions.
The medical expert witness is a very important component in a medical malpractice attorney’s trial strategy as it is his or her testimony that will leave an impression on the jury. The expert testimony will be intended to show both medical negligence (breach of defendants’ duty of care) and the causal connection between the negligence and the injuries.
Help in settlement negotiations – Medical expert witnesses can also be helpful in settlement negotiations. Medical experts can help secure a fair settlement by showing that there is enough evidence to bring a case. Medical experts can also help in valuing a case in terms of injuries and damages. Additionally, if the defendants are aware of the plaintiff expert’s opinions and his or her expected testimony, they may be persuaded to settle as a way of protecting their reputations from being questioned in a trial.
Every case is different and the answer to that depends on the facts of your case. Sometimes one medical expert will be sufficient and sometimes more than one will be needed. Not all medical expert witnesses are doctors. Doctors are often called to be expert witnesses, but so are other professionals including nurses, medical school professors, hospital administrators, and physician assistants. Medical professionals may be called because of their particular experience in different types of medical practice such as medical devices, emergency services, surgery, and independent medical examinations.
If you have been injured as a result of medical malpractice, contact Philadelphia medical malpractice attorney, Eric Weitz, to schedule a consultation. We have more than 25 years of medical malpractice case experience and will hire the medical experts necessary to best serve your case.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
