The Critical Role of Expert Witnesses in Strengthening Malpractice Claims

Strengthening Malpractice Claims with the Help of Expert Witnesses

When facing the aftermath of medical malpractice, it is necessary to have supporting evidence that medical negligence occurred. Expert witnesses are vital in building a strong case and helping injured patients pursue justice. Understanding how expert testimony supports malpractice claims and working with a law firm whose experienced medical malpractice attorneys know how to leverage their witness statements effectively can help you feel confident as you seek the compensation you deserve.

What Is an Expert Witness in a Malpractice Case?

An expert witness is a professional with specialized knowledge in a particular field who provides testimony to clarify technical or complex issues presented to a judge or jury. In medical malpractice cases, expert witnesses must have experience in the same medical field as the defendant and practice in a similar community. A Texas surgeon could not testify in a North Carolina case; the expert must be from our state or a local community. Their testimony helps establish whether the provider’s actions met the accepted standard of care. The specific requirements to testify in a malpractice case include that the expert must:

• Hold a valid medical license.
• Have significant experience in the relevant medical field.
• Be actively practicing medicine or have done so recently.
• Demonstrate familiarity with the standard of care for the procedure or condition in question.
• Provide unbiased, objective opinions based on medical evidence.

These requirements ensure that expert witnesses are credible and qualified to offer opinions that can influence the outcome of a case.

Why Are Expert Witnesses Important in Malpractice Claims?

Expert witnesses are essential in malpractice cases for several reasons. Each of the following points highlights a unique way they strengthen a claim and help injured parties pursue justice.

Clarify Complex Medical Concepts for the Judge and Jury

Medical malpractice cases often involve technical jargon and intricate medical procedures that can be difficult for non-professionals to understand. Expert witnesses break down these complex concepts into simple language that judges and juries can comprehend. For instance, a surgeon might explain the process of performing a C-section correctly to protect the mother and child and can point out where the defendant’s actions deviated from the accepted standard of care.

Establish the Standard of Care Expected from Medical Professionals

One of the most critical aspects of any malpractice case is proving that the defendant failed to meet the standard of care. Expert witnesses define the standard of care for the specific procedure or treatment. They provide detailed explanations of what a reasonably competent medical professional would have done under the same circumstances, helping to set the benchmark against which the defendant’s actions are measured.

Offer Unbiased Opinions on Whether the Defendant’s Actions Deviated from that Standard

Expert witnesses must provide objective, impartial opinions based on their medical knowledge and experience. They review medical records, diagnostic tests, and other evidence to determine whether the defendant’s actions aligned with the accepted standard of care. Their unbiased perspective lends credibility to the plaintiff’s claim and can carry significant weight in court.

Strengthen the Injured Party’s Claim by Providing Credible, Professional Insights

Expert witnesses bring authority and legitimacy to a malpractice claim. Their professional insights can validate the injured party’s version of events and support the claim. For example, a cardiologist might testify that a missed diagnosis of heart disease directly contributed to the patient’s injury; if all the symptoms of heart disease had not been missed, the patient might have been able to begin life-saving treatment earlier. This testimony can help the injured party prove negligence and strengthen their case.

Shine Light onto the Actual Long-Term Consequences of the Malpractice

Malpractice injuries can have long-lasting physical, emotional, and financial effects. Expert witnesses can provide valuable insight into the future impact of the injury, including ongoing medical needs, rehabilitation, and diminished quality of life. Life care planners and medical specialists can estimate future treatment costs and explain how the injury affects the patient’s daily life. This information is essential for calculating fair compensation and helping the injured party secure the resources they need to recover.

North Carolina Laws Requiring Expert Testimony

In North Carolina, expert testimony is often mandatory in medical malpractice claims. These key laws outline its importance:

• North Carolina Rule of Civil Procedure 9(j): Requires plaintiffs to include a sworn statement from a qualified expert witness before filing a medical malpractice lawsuit.
• N.C. General Statutes § 90-21.12: Defines the standard of care medical providers must follow.
• N.C. General Statutes § 8C-1, Rule 702: Governs the qualifications and admissibility of expert witness testimony in court.

How Expert Witnesses Establish the Standard of Care and Causation

The standard of care is the skill, knowledge, and care level that a reasonably competent professional would provide under similar circumstances. Expert witnesses explain:

• What is the standard of care for the specific medical procedure?
• How the defendant’s actions deviated from the standard.
• Whether the deviation directly caused the patient’s injuries.

Expert testimony is often critical in proving that the medical provider’s negligence directly caused the patient’s injuries. This can involve:

• Explaining how the provider’s actions harmed the patient.
• Ruling out other possible causes of the injury.
• Supporting the plaintiff’s claim with detailed medical evidence.

How Many Expert Witnesses Are Needed?

The number of expert witnesses needed varies depending on the case’s complexity. Some cases may require multiple experts to address the three different aspects of each medical malpractice case.

• Standard of care.
• Causation.
• Long-term impact of the injury.

Common Types of Expert Witnesses in Malpractice Cases

Different experts may be needed depending on the nature of the claim:

• Medical doctors specializing in the relevant field.
• Nurses or medical technicians.
• Life care planners estimate future medical costs.
• Economists assess lost income and earning potential.
• Psychologists for emotional and mental health damages.

How Expert Witness Testimony Impacts Settlement Negotiations

Even if your case is not taken before a judge and jury, expert witnesses often play a crucial role in settlement discussions. Their reports can assist with the following:

• Persuade the opposing party to offer a fair settlement by presenting clear, objective findings that support the plaintiff’s claims. For example, a medical expert might provide detailed records and analysis showing how a surgical error directly caused long-term health complications.
• Demonstrate the strength of the plaintiff’s case by offering testimony highlighting where the defendant’s actions deviated from the accepted standard of care. This could include a written opinion explaining how the defendant’s treatment fell below what a reasonably competent professional would have provided.
• Provide a professional evaluation of the damages suffered, including medical costs, future treatment needs, and loss of earning potential. An economist or life care planner could calculate the financial impact of the injury, offering concrete figures that can strengthen negotiations.

Do All Malpractice Cases Require Expert Witnesses?

While most malpractice claims require expert testimony, there are limited exceptions. North Carolina law may allow cases to proceed without expert witnesses if the negligence is so apparent that a layperson could understand it — such as a surgical tool left inside a patient. This exception falls under what’s known as the doctrine of “res ipsa loquitur,” which is Latin for “the thing speaks for itself.”

What Is the Doctrine of Res Ipsa Loquitur?

The doctrine of res ipsa loquitur applies when the injury would not have happened without someone’s negligence, and the case’s specific circumstances make it clear that the provider is responsible. This legal principle allows plaintiffs to move forward without needing an expert witness because the negligence is blatant. For example, performing surgery on the wrong body part or amputating the wrong limb — mistakes so obvious that no medical training is necessary to understand that the error should not have occurred.

Why Choose Brent Adams & Associates for Your Malpractice Claim?

Navigating a medical malpractice claim is a stressful situation that generally requires the assistance of an experienced medical malpractice attorney to present your case. At Brent Adams & Associates, our skilled legal team works with trusted medical experts to ensure your case is as strong as possible. We can leverage these expert statements to make the most of your case and gain the highest compensation you deserve under the law.

We offer free consultations to discuss your situation and speak with you about your legal options. With our personalized approach and commitment to seeking justice for the injured, you will quickly see that we provide the small-town attention you deserve while putting up a big, tenacious fight to make things right. Contact us today at (910) 249 – 6891 1 to discuss your malpractice claim.