The laws in Albany typically require that any person filing a medical malpractice claim abide by certain procedural rules. One such rule may include proving that a claim has a medically sound basis, a lawyer may need to file a certificate stating that they have reviewed the case. The certificate generally must further confirm that, based on the lawyer’s consultation with expert witnesses in an Albany medical malpractice case, they reasonably believe that there is a cause of action for medical malpractice.

Proving that an individual was injured due to medical malpractice often requires an extensive review of medical records, treatment notes, and the surrounding circumstances. An experienced medical malpractice lawyer could research different candidates that may serve as credible and knowledgeable expert witnesses. Inquire about legal strategies with an attorney who is well-versed in medical malpractice cases prior to attending a court hearing or procedure.

The Role of an Expert Witness

Expert witnesses have an important role in a medical malpractice case because they can give a trustworthy, educated opinion to the court. Generally, most people who are testifying in a case cannot give their opinion on medical matters without the appropriate educational and experiential credentials. However, when a person qualifies as an expert they could give a credible opinion of whether a doctor or licensed medical professional departed from the accepted medical standards.

While Albany law stated in CVP §3012-a generally does not explicitly require a plaintiff to have a medical expert, a case may be stronger with their supporting medical opinion. Under these laws, a lawyer must typically consult with a physician and “conclude on the basis of such review and consultation that there is a reasonable basis for the commencement of such action.” An exception to this rule could be when an attorney can show they made three separate good faith attempts to contact three separate healthcare professionals but each time was denied a consultation. Additionally, a person may not need an expert to file a certificate of merit when the case must be filed quickly to avoid the statute of limitations.

Qualifying as an Expert Witness

In Albany, it is not always a requirement that an expert witness is a specialist to testify. Rather, an expert may only need to possess the requisite skills, training, education, knowledge, or experience to render their opinion as reliable. This is often because the New York courts recognize there is generally a substantial overlap between medical specialties.

However, there could be benefits to having a specialist testify. A specialist is frequently more knowledgeable in a particular area of medicine and, therefore, may be able to more clearly explain the specific medical issues relevant to a person’s case.

How Medical Experts Help Prove a Case

Medical malpractice is generally defined as when a doctor or medical professional deviates from the accepted practice or fails to use reasonable care under the circumstances. A breach of the standard of medical care is broken down into the following elements which may include:

  • Duty to practice medicine to a certain standard
  • Breach of the standard by negligent acts
  • Causation between the person’s injuries and the negligence
  • Damages sustained by the individual from the breach

For a medical malpractice case to be successful, a claimant must generally prove these elements. An expert’s opinion could help show the judge and jury what the accused physician should or should not have done under the particular circumstances and whether their actions constituted negligence by violating the standards of care in the profession. Contact a lawyer to learn more about how expert witnesses in an Albany medical malpractice case could help a plaintiff recover damages.

Call an Attorney to Discuss Expert Witnesses in an Albany Medical Malpractice Case

Medical malpractice is a serious issue that could cause extensive harm to a person in one of their most vulnerable moments. Contact a resourceful injury lawyer who could work closely with expert witnesses in an Albany medical malpractice case to present a strong claim in court or to insurance adjusters.

Compensation in a successful case could significantly help someone as they attempt to recover from their injuries. It may also help hold a liable party accountable for their reckless actions as a medical professional. Call today and schedule an appointment to discuss your case.