One of the most important things in a
medical malpractice case is proving that the actions of the medical professional that cared
for you was negligent. This is generally posited as those actions that
differ from the way that another medical professional, in the same position
and with the same information would have acted. Since you and your medical
malpractice lawyer are not doctors, the best way to prove this negligence
is with the testimony of an expert. This expert is another medical professional
that can testify on your behalf and show that the other doctor did not
act within their means.
Do I need an expert witness?
The input of a medical expert is so important, a judge may dismiss a
medical malpractice case altogether if you are unable to find an expert to testify. The court,
consisting of a judge, jury, lawyers, and injured patient, must often
receive information that is too complicated to understand without someone
with knowledge of the topic thoroughly explaining it.
The expert will explain:
- What a competent doctor would have done in the same situation; and
- The doctor’s inability to provide care resulted in the patient’s injury.
The only cases where the testimony of an expert is not necessary are those
where the case speaks for itself. One example of a case that does not
need an expert is when the doctor leaves a medical instrument inside the
body of the patient. In this case, it is pretty clear that the only person
that would have been able to leave the instrument in the patient was the
doctor and it is due to their clear disregard of the standard of care
that the injury occurred to begin with.
Since a medical expert is needed before the trial even begins, it is important
that you work with a law firm that has a relationship with a medical expert
that can testify in your case and can utilize their services as soon as
possible. Without one, you may lose your chances for monetary damages
before the case even begins! In order to get started,
schedule a consultation with trusted medical malpractice lawyers in St. Louis. The team at Millikan
Wiright, LLC has over 50 years of combined experience fighting for your
rights, and can work to recover the compensation you need for your injuries!