Can a Doctor’s Negligence be Proven Without an Expert Witness?
Yes and no. Expert witnesses are crucial in medical malpractice claims to prove negligence, causation, and the severity and exact nature of harm. Most medical malpractice claims rely heavily on their testimony to prove medical negligence. On the other hand, some rare cases in which negligence is evident, like a surgeon leaving a surgical instrument inside the patient’s stomach, may not require an expert witness to prove negligence.
But even in cases as straightforward as this, a proactive Greenville medical malpractice lawyer will usually work with an expert witness to further strengthen a medical malpractice claim.
Why is Expert Witness Testimony Necessary to Prove a Doctor’s Negligence?
The average person involved in medical malpractice claims, such as people working for insurance companies, juries, and judges, doesn’t have the complex medical knowledge to determine what the accepted standard of care is and whether a doctor breached it.
This is where an expert witness comes into play. They can break down complex medical jargon and issues, explain the accepted standard of care, the specific ways the doctor violated them, and why the violations are considered negligence. Below, we will discuss some of the ways an expert witness can help prove how a doctor’s negligence hurt you.
Ensuring You Understand The Medical Aspects of Your Case
Medical diagnoses, procedures, standards, and treatments are very technical and require proper training and experience to understand. An expert witness can clarify these complex issues to ensure that average people understand them and how they relate to your case.
Establish The Accepted Standard of Care
A qualified expert witness can testify about the specific standard or quality of care you received while under the doctor’s care. They can highlight what a competent doctor should have done under the same circumstances.
Demonstrate How The Doctor Breached The Standard of Care
The expert witness can explain how your doctor’s actions or failure to act was below the standard of care you should have received. They will pinpoint specific mistakes or deviations from established medical practices.
Prove Causation
Proving causation requires establishing a clear and direct connection between the harm you suffered and the doctor’s negligence. The goal of the expert witness is to describe, based on their experience and medical science, how the doctor’s subpar care directly resulted in your injury or condition. Your Greenville medical malpractice attorney will then present the expert witness’s testimony at trial and emphasize the key points that clearly show negligence and causation.
Refute The Arguments of The Defense
Your doctor’s legal team will have their own expert witness to argue that the doctor met the standard of care, meaning that negligence did not cause your injury. The expert witness and your Greenville medical malpractice lawyer will be prepared to dispute the defense’s claims and present an undeniable case for negligence.
Our Seasoned Greenville Medical Malpractice Attorney is Ready to Fight For The Justice and Compensation You Deserve
At Parham Smith & Archenhold LLC, our Greenville medical malpractice lawyer knows how to leverage the knowledge of expert witnesses to help ensure that you win your case and secure maximum compensation. Schedule your free case evaluation with our Greenville medical malpractice attorney and learn how they can assist you by contacting us online or calling 864-432-1796.