Why are Experts Needed in New York Medical Malpractice Cases? Albany Medical Malpractice Lawyer Explains


Understanding Why Experts are Needed in New York Medical Malpractice Cases: Our Albany Medical Malpractice Lawyer Explains

You may ask why you need a medical malpractice expert to support your New York medical malpractice.  You may even think it is unfair that the other side already has an expert, the defendant!  Or that the other side can just ask a coworker to give an opinion.  And to some extent, yes, it can be unfair because it will cost you a lot more to oppose or support a claim than it could be for some doctor who wronged you and is just wrong as to the standard of care—or is lying about the standard of care! Our Albany medical malpractice lawyer knows that is frustrating and unfair.

But the truth is, in most instances, you as a patient are likely not a medical professional in the same area as the defendant. And I certainly am not a doctor.  We can both figure out the facts what happened, and then look up medical terminology and medical standards to determine—from medical literature like textbooks which teach doctors what to do—whether or not the standard of care was followed.  However, the problem is that there are many different factors which a textbook cannot teach you, and that is what the human brain is for.  The human brain that has undergone a medical education, that is, with the experience and understanding of how certain conditions and issues are handled in a medical context.

That is what the law is really looking for.  The law is looking for that innate understanding by a medical professional of what is reasonable and what the standard is.  You need to establish what the standard is and why what the defendant did was NOT the standard and did not comply with what he or she should have done.  You will also need to establish that the defendant not complying with the standard caused your injuries.

This is the whole premise of a New York medical malpractice case.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.