Filing a medical malpractice lawsuit is essential when seeking compensation for your injuries and financial losses incurred as a result of a practitioner’s malevolent behavior. There are crucial steps that your medical malpractice attorney undertakes to ensure they build a strong case against the defendant, such as gathering evidence and conducting investigations on your behalf.
One of the sources of admissible evidence is referring to an expert witness who is an experienced practitioner in the related medical field.
But what is expected of an expert witness in a medical malpractice lawsuit?
This article will discuss the various roles and essential attributes that a witness expert should have in order to increase the credibility of their testimony.
What are the Roles of a Witness Expert in a Medical Malpractice Claim?
It is the duty of your medical malpractice lawyer Michigan to source for a witness expert and take their statement, which serves as evidence in your settlement hearing.
Additionally, your lawyer ensures that the expert witness is present in court during the hearing in order to give the defendant’s lawyer a chance to cross-examine their testimony. The testimony of a witness expert is inadmissible in court if the defendant is denied the opportunity to cross-examine on the stand.
A good expert witness in a medical malpractice lawsuit is expected to;
Provide Clarity on the Issue at Hand
The primary role of a witness expert is to clarify the details of the filed medical claim.
For instance, if you are filing for childbirth injuries such as cerebral palsy contracted due to complications, the expert witness (in this case, an obstetrician) is required to outline the correct procedure followed during childbirth.
The expert witness provides all possible complications, such as prolonged labor and the outlined protocols set to handle them. The counter measures for such complications are compared to the defendant’s approach in order to establish negligence and disregard for medical protocols.
Explain Medical Terms
Most of the terms used in the medical field are only understood by medical practitioners. Seeing that the jury comprises regular citizens, the witness expert is required to explain medical terms and procedures in a simpler language easier for them to understand.
Offer Professional Opinion
The expert witness’s opinion is highly regarded in court because of their accumulated experience in medical practice.
The expert witness give their views on the most suitable course of action the defendant should have taken and the repercussions of the defendant’s misconduct.
Additionally, the expert witness writes a report to compare the defendant’s approach (and its consequences) to the set standard procedures.
A witness expert is also required to meet certain thresholds of knowledge and experience for their testimony and professional opinion to be considered as evidence in a medical malpractice hearing. As such, getting the right expert witness goes a long way in influencing the decision of the jury in your favor.
Your medical malpractice attorney needs to be careful when qualifying an expert witness for your case.
What are the Essential Attributes of an Expert Witness in a Medical Malpractice Lawsuit?
The attributes of an expert witness vary from professional expertise to ethical and moral conduct. Your medical malpractice attorney needs to be thorough during the screening process.
The following are some of the essential attributes your lawyer should look for in an expert witness;
Expertise
The expert witness needs to be very knowledgeable, and must have accumulated many years of practical experience in the medical field in question.
Objectivity and Impartial
Instead of their own biased suggestions, an expert witness’s opinion needs to be based and backed by actual medical facts and knowledge relevant to the case.
Excellent Communication Skills
The main reason of getting an expert witness is to have him explain medical terminologies and procedures in a language everyone understands. The expert witness needs to communicate effectively for the jury to understand what is happening.
Abide to Ethical Standards
It hurts your case if your lawyer selects an expert witness who has faced medical malpractice lawsuits in the past.
Conclusion
Expert witnesses are important in your medical malpractice lawsuit because they help to improve your chances of getting a monetary settlement. As such, the suggestions in this article will help your lawyer select the right expert witness for your case.
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