At the core of many
medical malpractice cases is the idea that the treatment that was provided to a patient differs
from what they would have received from other doctors in similar circumstances.
A medical professional must be shown to have acted negligently during
the standard course if treatment, which oftentimes involves proving that
their actions differed from the norm in a way that harmed the person in
their care. Since attorneys and patients are not doctors, nearly all medical
malpractice lawsuits will involve the testimony of expert medical witnesses
that can determine whether the doctor can be held liable for a patient’s
injury that occurred under their care.
What is the point of an expert witness?
Medical details that must be overseen by a judge and jury are oftentimes
too complex to be considered without expert testimony. Having an expert
present can help decipher complicated medical information and break down
the facts of the case. Finding an expert witness can be difficult and
expensive, but many medical malpractice lawyers have a network of experts
they can reach out to when contemplating a legal case.
In a medical malpractice lawsuit, a medical expert will examine two things:
- The doctor being sued act in a similar manner to how other normal and competent
doctors would have acted in the same situation; and
- The failure to perform the basic standard of care and deviate outside of
normal expectations directly contributed to the injury of the patient.
Since this is at the core of a medical malpractice claim, having a medical
expert prove that the actions of the doctor was at fault for the injury
is important. However, there are some cases that do not require the use
of a medical expert. This occurs when the injury and its cause is so obvious
that a medical expert is not necessary. Once again, consulting with an
attorney will be the only way to best decide what course of action to
take when pursuing a claim and whether the use of a medical expert is required.
Being injured to the negligence of a medical professional is traumatic
and life-changing. When you are holding a doctor accountable for their
actions, it is important that you use every tool in your arsenal in your
fight. When you work with a Portland medical malpractice attorney at The
Law Offices of Patrick L. Block, P.C., you can be sure that a team of
medical experts to prove your side will be on hand.
Interested in learning how our firm can help your malpractice case?
Give us a call!