(845) 802-0047All cases that allege medical malpractice in Troy must rely upon the testimony of an expert witness. This is because the defendants in these claims are healthcare professionals who are held to a high legal standard. A medical malpractice claim will allege that an error of medical judgement or procedure caused an injury.
To speak to the scientific basis for a claim, plaintiffs must work with a medical expert. The expert witnesses in a Troy medical malpractice case could analyze the actions taken by the defendant provider, give their opinion as to how and when malpractice occurred, and even testify in court as to how this failure resulted in an injury.
Who is Considered A Medical Expert under Troy Law?
There are certain qualifications a person must meet to serve as an expert witness must meet in New York medical malpractice cases. According to New York Civil Practice Laws and Rules §3012-a, an expert must be a licensed medical professional whom the plaintiff’s attorney reasonably believes could speak on the matter at hand.
Plaintiffs should seek an expert with extensive knowledge of the medical field involved in the malpractice. For example, in a case alleging malpractice during heart surgery, it may be beneficial to more speak with a cardiac surgeon, as opposed to a general practitioner or non-invasive cardiologist who does not perform surgery.
The Legal Requirement to Work with an Expert
While the many individuals may qualify as a medical expert, there is a burden under Troy law for a legal representative to work with the expert witness in the early stages of the medical malpractice case. New York Civil Practice Laws and Rules §3012-a states that an attorney cannot file a valid complaint in court without also submitting an affidavit. This certificate states the attorney has consulted an expert who has a good faith reason to believe malpractice has occurred.
Not only is working with an expert witness a requirement to get a case into court, it is also strong evidence to prove a claim of bad medical care. The details of a medical malpractice claim can be extremely complex. Jurors may not take a plaintiff’s word that malpractice caused their injuries, but an expert witness could examine the actions taken by the defendant, produce reports after looking at medical records, and speak at trial to support a claim. Often, the expert witness’s testimony will form the core of a medical malpractice case in Troy.
Consult an Attorney Who Could Get Help From an Expert Witness
Nearly every medical malpractice case in Troy relies upon the testimony of a medical expert. In fact, a plaintiff’s medical malpractice attorney cannot even file a complaint without consulting an expert to determine the validity of the potential claim. If you received bad medical care from a healthcare professional, you may wish to consult a malpractice attorney, who may connect you with an expert witness, before deciding how to proceed.
If you were hurt by malpractice, a legal representative could help you understand the role of an expert witness in Troy medical malpractice cases. Reach out to an attorney today to discuss a potential legal claim and learn how an expert witness could help you achieve a favorable outcome.