The Role of Expert Witnesses in Medical Malpractice Cases

Expert witnesses are crucial in medical malpractice cases, offering specialized knowledge and insight that can significantly influence the outcome of your case. Their testimony helps clarify complex medical issues, establish facts, and provide an unbiased opinion, making it easier for the judge and jury to understand the nuances of the case.

What is an expert witness in a Mississippi medical malpractice case?

In Mississippi, an expert witness in a medical malpractice case is a professional with extensive experience, knowledge, education, or training in a field related to your accident or case. They will use their experience, knowledge, education, or training to explain certain elements, provide their unbiased opinions, and provide insight into your case. For example, a surgeon may be used as an expert witness to explain how the surgeon who operated on your leg made a mistake, which led to lifelong and permanent injuries that will affect your daily routine going forward.

Why is an expert witness beneficial to a medical malpractice case?

Medical malpractice cases are complex and require a detailed understanding of medical practices and standards. Expert witnesses are essential for:

• Explaining Medical Standards: They provide clarity on what constitutes acceptable care and how the defendant’s actions deviated from these standards.
• Demonstrating Causation: They link the defendant’s negligence directly to the injury or worsening condition.
• Assessing Damages: They help quantify the impact of the malpractice on the victim’s life and finances.

Without expert testimony, proving the specifics of medical negligence and its impact can be challenging, especially against well-funded hospitals and medical professionals.

The most common types of expert witnesses used in medical malpractice cases

The most common types of expert witnesses used in Mississippi medical malpractice cases include:

• Doctors: Offer insights into the standard of care and how the defendant’s actions fell short. For instance, a cardiologist may explain how another cardiologist failed to meet acceptable treatment standards.
• Nurses: Nurses are used as expert witnesses to break down the role of nursing and how it affects the patient’s care. Therefore, if it is believed that a nurse may have acted negligently in your case, an expert witness with a background in nursing can explain how you did not receive the proper nursing care and how different your outcome would have been if you did.
• Pharmacists: Pharmacists are another commonly used expert witness as they can give their testimony on how medications are supposed to be prescribed, used, and administered. Therefore, if any medication errors were made, the pharmacist can explain how they occurred and how they may have affected you.
• Physical and occupational therapists: Many medical malpractice victims need physical and occupational therapy for several months or years. Therefore, physical and occupational therapists can testify about what type of condition you were in when they first started working with you and what type of physical and occupational treatment you had to undergo after the malpractice. They can also provide testimony about any errors or mistakes that were made during physical or occupational therapy that may have contributed to or caused your medical malpractice.
• Vocational experts: Vocational experts can go over your ability to return to work or find a new job to bring in income after the medical malpractice incident and injuries. They can also explain whether it is possible for you to ever find another job, re-enter the workforce, or earn the same amount of money again.
• Economic experts: Economic experts focus on the medical malpractice victim’s financial losses. Therefore, they can explain how your accident or injuries have financially affected you. For example, they may be able to provide insight into how much income you have lost, how much medical attention has cost you, and how much compensation you may need to get back on your feet again.

What qualifications does an expert witness need to have to provide testimony for a medical malpractice case?

There are certain qualifications that your medical malpractice lawyer will look for when choosing an expert witness to provide testimony. Here are some of the qualifications that are essential:

• Their specialized knowledge will help provide clarity and understanding of the issue.
• Their testimony will only be based on data and facts.
• They will reliably apply the principles and methods to the facts of the case.
• Their testimony will be based on reliable methods and principles.

Before your attorney selects an expert witness to testify in your case, they will likely make sure that they work in the same or a related field to the defendant. This ensures that they have specialized medical knowledge or experience, are familiar with the circumstances that occurred, and are aware of the standard of care that is expected. However, it also depends on what your attorney is trying to establish or help the courts understand.

For example, if your attorney wants to explain how the incident affected your finances, an economic expert may not share the same type of background as the surgeon who caused your injuries, but they are essential in breaking down the facts and helping the judge understand why you are requesting a certain amount of compensation.

Which medical malpractice cases often need or require expert witnesses?

Not every medical malpractice case needs or requires an expert witness. These witnesses are usually used as a tool to increase your chances of thoroughly explaining what happened, how you were injured, and the consequences that you have experienced as a result. Some medical malpractice cases need or require expert witness testimony more than others, such as:

• Medication errors
• Surgical mistakes
• Birth injuries
• Delayed diagnosis or misdiagnosis
• Anesthesia mistakes

If you or a family member has been a victim of medical malpractice, please do not hesitate to get in touch with a Mississippi medical malpractice lawyer from Merkel & Cocke, P.A. at your earliest convenience. While filing a medical malpractice claim and receiving compensation may never be able to make up for the pain and suffering you have endured, it can give you a sense of closure by ensuring that the responsible party is held accountable and that other individuals will not be treated the same way that you were. We work with some of the best experts in the industry, which means that we can help you find the right expert witness for your case as quickly as possible. Please call our office or submit our contact form to schedule a free case review in Jackson, Clarksdale, Greenville, or Oxford today.