(845) 802-0047In medical malpractice cases, expert witnesses often have unique roles. Attorneys commonly utilize the expertise of medical professionals in these types of cases to provide information about the specific medical circumstances that may have led to the injuries of the claimant. If you have questions concerning how expert witnesses in a Newburgh medical malpractice case could influence your legal options, you may want to seek legal counsel.
A knowledgeable medical malpractice attorney could explain how an expert witness could impact the different court procedures which may arise in a medical malpractice case. Schedule an appointment for a legal consultation today to learn more.
Qualifying Expert Witnesses
As opposed to other witnesses, medical experts do not typically have personal knowledge of the case but rather professional knowledge. Expert witness in a Newburgh medical malpractice case may be called upon to provide an opinion with a reasonable degree of professional certainty about the events of the case, the standard of care, and any causal connection between these two elements.
Expert witnesses are often needed in Newburgh medical malpractice cases to establish the standards of care the defendant breached. They may also help put the events of the case in a context that the jury and other lay people could understand. Because of the professional testimony they provide, there are often different rules of evidence related to their testimony than those applicable to personal knowledge witnesses.
Expectations of an Expert Witness
Doctors or other medical professionals who are serving in the role of an expert witness generally should take all steps possible to provide a thorough, fair, objective, and impartial review of all the relevant medical facts. They typically should also be given access to all applicable documents that are used to establish the facts of the case.
An expert may use their knowledge, experience, and best medical judgment to explore all aspects of the case to better inform their testimony. Furthermore, they may want to consider all pieces of relevant information despite how it might favor a particular side of the bench.
Finally, the expert witness should generally be comfortable with their testimony and the attorneys who hire them may want to ensure that they are confident speaking in front of a judge and jury. If necessary, a qualified attorney could help individual plaintiffs seek out confident expert witnesses in a Newburgh medical malpractice case.
Expert Witness Disclosure Requirements
When either party in a medical malpractice lawsuit calls an expert medical witness, they frequently must adhere to certain requirements. As per New York Civil Practice Law & Rules §3101(d), either the plaintiff or the defendant may, upon request, perform any of the following actions:
- Identify experts who may be called to testify at trial
- Provide the expert’s qualifications
- Provide a reasonably detailed summary of the subject matter, facts, and opinions about which the expert could testify
It is important to note that disclosure is generally only required if the expert will be called to trial. There are normally no requirements under New York law for disclosure of consulting experts.
If either party would like additional disclosures, it is often only permitted with a court order. This could mean that without a court order proving extraordinary circumstances, no reports may be shared, and no dispositions could be held about expert witnesses in a medical malpractice case in Newburgh.
Using Expert Witnesses May Bolster a Newburgh Medical Malpractice Case
The right expert witnesses in a Newburgh medical malpractice case may increase your chances of receiving a fair settlement or jury verdict in your favor. An experienced injury attorney could help demonstrate through the testimony of an expert witness how a doctor or licensed medical practitioner acted with disregard for your safety and caused an injury.
Arrange an appointment for a meeting with a lawyer who understands Newburgh medical malpractice cases. Exploring legal options early and researching qualified expert witnesses could substantially improve your chances for success in court. Call today.