How Credible Are Expert Witnesses in Medical Malpractice Cases?
An expert witness can be an integral part of a medical malpractice case, allowing the jury to make an informed decision. South Carolina law defines an expert witness as someone who has the “knowledge, skill, experience, training, or education” that allows them to explain complicated medical principles to a judge or jury. While a medical malpractice case can be an emotional process, it is important to remember that the medicine must be looked at through an objective lens.
As such, the trier of fact (either a judge or jury if the case goes to court) must be able to discern what took place and if the treating physician acted with the expected level of care given the circumstances. In this blog, our Greenville medical malpractice attorneys discuss what factors we take under advisement when selecting expert witnesses.
Specialization
A crucial part of choosing an effective expert witness is finding someone in the specialty who is at the forefront of the given medical malpractice case. Case in point, a neurosurgeon would be more suitable for a case involving brain damage, while a cardiologist would be better suited for a case dealing with heart issues. By picking the right specialist, their testimony will have a greater impact.
Credentials
Not all physicians have the same credentials, and a doctor’s background determines the effectiveness of their testimony. Education, training, board certifications, and the number of years that they have been practicing are all crucial factors when trying to reach a jury.
Organization
Expert witness testimony consists of highlighting relevant facts and interpreting medical evidence. A jury will respond better to an expert who presents their findings in an organized manner. While the organization of a witness’s testimony partly reflects the medical malpractice attorney’s capability to adequately prepare the witness, the experience can also play a large role in giving organized testimony.
Familiarity with the Case
Alongside organization, a medical malpractice attorney should pick a witness that they know will take the time to comb through medical imaging, laboratory tests, and other findings to familiarize themselves with the case. This involves picking someone who takes a detail-oriented approach and reviewing the evidence to draw conclusions regarding the treating physician’s standard of care.
Composure
The ability of an expert witness to present their findings in a clear and concise way, while remaining composed during cross-examination, is key to successful testimony. Unfortunately, the ability to remain calm under pressure is not something that can be coached but is rather innate.
Laying the Groundwork for Effective Testimony
While uncertainties may pop up during trial, adequately preparing an expert witness is well within our control. Expert witness testimony is essential to building a compelling medical malpractice case. When you retain the services of a Greenville medical malpractice attorney, you can feel certain that you are in competent hands. We will gather all pertinent medical evidence in your case, highlighting the actions in question for a medical expert and allowing them to provide an informed opinion.
Contact Our Greenville Medical Malpractice Lawyers Today
A medical malpractice case involves consolidating a copious amount of medical information for a jury to issue a verdict. Since each field of medicine has specific protocols that must be followed under various circumstances, it can be difficult to determine negligence.
At Parham Smith & Archenhold LLC, our Greenville medical malpractice attorneys understand the odds that we are up against. Our team of professionals know what information to bring to the forefront and which expert witnesses should be used to create powerful testimony. To learn how we can be of assistance, contact us online or by phone at (864) 432-1796 to schedule your free consultation today.