Laws in Hudson Valley requires that in any medical malpractice case, an attorney must affirm that they have consulted with at least one physician to affirm the merit of a case prior to filing the action. This statute further requires that this physician is licensed in the state of New York.
Since the patient bears the burden of proof in a personal injury case and must demonstrate all of the elements of medical malpractice, using medical experts is often crucial to a case’s success. Without an expert opinion supporting a patient’s case, it would be easy for a doctor to defend themselves in court since they are better equipped to address the complex medical terminology than those without medical backgrounds.
If you or someone you love suffered an injury due to medical negligence, contact a seasoned medical malpractice lawyer today. A skilled injury lawyer understands the importance of working with expert witnesses in a Hudson Valley medical malpractice case and has the resources to help injured patients pursue fair compensation for their injuries and losses.
What is the Role of Medical Experts?
Medical experts play an important role in the courtroom during a trial. They give their opinion on a case by evaluating a patient’s medical history and circumstances of neglect. A medical expert can also translate the complex medical terminology into comprehensible information for the jury to consider. In doing so, they render their opinion as to whether a doctor or healthcare professional departed from the standard of care.
Medical experts can also play a crucial role in determining a person’s injuries and damages. For example, a medical expert would be able to testify as to what additional medical care and treatment a person may need after an injury. For example, if a person is injured due to surgical error, additional surgeries may be needed and a surgical expert could provide an estimate of the costs of follow-up surgeries to calculate a claimant’s damages.
Determining Psychological Damages
In addition, medical experts could testify to the degree of physical and emotional harm a person has suffered as a result of medical malpractice. Pain and suffering is a compensable damage, so having an expert testify to this is important in determining a fair compensation.
It is therefore strongly advisable for a plaintiff to have expert witnesses in a Hudson Valley medical malpractice case who can understand the complexities of their individual case and articulate this information clearly and concisely.
Is an Expert Necessary?
New York Civil Practice Law and Rules § 3012-a(3) establishes that it is a requirement that a medical malpractice lawyer consults with a licensed physician to establish a basis for a malpractice medical claim. However, there are exceptions to this rule.
If an attorney makes three separate good faith attempts with three separate physicians but none agree to such a consultation, they can proceed without expert testimony. Additionally, a medical malpractice lawyer could file a medical malpractice lawsuit without consulting a medical expert if the statute of limitations is about to expire.
Getting Expert Witnesses in a Hudson Valley Medical Malpractice Case
If you or a loved one suffered due to medical malpractice, consider turning to a capable lawyer who understands the importance of working closely with expert witnesses in a Hudson Valley medical malpractice case. An attorney could utilize an expert’s experience and opinion to help you recover compensation for your losses and injuries. Call today to build a strong claim.