The testimony of witnesses and other healthcare professionals are an essential part of any medical malpractice case. Since the injured party is tasked with proving a doctor’s negligence during a medical malpractice case, an expert witness in a Schenectady medical malpractice case could provide insight into a health care provider’s failure to exercise the expected degree of knowledge or skill. This may help prove the connection between a doctor’s actions and your injuries.
Finding expert witnesses on your own may be extremely daunting. Fortunately, a Schenectady medical malpractice lawyer understands the importance of working with qualified expert witnesses. Allowing a well-versed medical malpractice attorney to locate an expert to support your case could be the key to a favorable outcome.
Medical Expert Witnesses in the Courtroom
Not only are expert witnesses valuable to a case, they are required. New York’s state legislature enacted Civil Practice Law & Rules §3012-a, which requires a certificate stating an attorney reviewed the facts of a case and consulted at least one expert who believes there is substantial proof to support a lawsuit. This certificate of merit must be filed alongside the original complaint or within 90 days after filing the original complaint.
Expert witnesses in Schenectady medical malpractice case are often tasked with explaining the medicine behind an injury to the jury. This may include explaining medical images, such as X-rays, CT scans, and MRIs. Since many juries have little to no medical training, an expert witness could also help explain how a doctor’s actions deviated from the appropriate standard of care. These testimonies are often viewed with substantial credit by both the judge and the jury.
Using An Expert Witness In A Medical Malpractice Claim
Because expert witnesses are afforded such deference in the courtroom, plaintiffs should contact an expert who is qualified. To qualify an individual as an expert witness in a medical malpractice claim, the potential expert may be asked to provide their qualifications, including their education, post-graduation residency, practice experience, teaching positions, publications, and any board certifications.
When using an expert witness, it may be necessary to inform the opposing counsel. Specifically, under CPLR 3101(d), each party in a medical malpractice action is required to identify experts who may be called to testify, provide the expert’s qualifications, and provide a reasonably detailed summary of the subject matter, facts, and opinions they will testify on. However, the opposing counsel must request that this disclosure is made. If no request is made, it is not necessary to provide the opposing side this information.
Contact a Schenectady Medical Malpractice Attorney Today
Expert witnesses can be incredibly useful in a medical malpractice claim. In addition to certifying a substantial claim, a witness could provide their opinion if they believe a doctor deviated from the proper standard of care and help demonstrate the cause of an injury to the jury and judge.
By utilizing qualified and competent expert witnesses in a medical malpractice case, a Schenectady medical malpractice lawyer could help you recover compensation for your injuries and losses. However, finding and qualifying a strong expert to help support a claim could be difficult. Allow a diligent medical malpractice attorney to help you locate the expert support you need to recover. Before deciding how to proceed, contact a legal representative to discuss your potential claim.