How Expert Witnesses Prove Doctors Violated the Standard of Care
It can be difficult for the average person to decide if medical malpractice occurred. Although healthcare providers owe their patients a certain standard of care, someone without medical knowledge will likely be unsure if that standard is met. That is where an expert witness comes into play. An expert witness can evaluate a claim to determine where and how negligence occurred.
At Parham Smith & Archenhold LLC, our Greenville medical malpractice lawyers have a network of medical professionals working in a range of specialties. These physicians or specialists can assist a judge or jury in determining if a doctor violated the standard of care, helping you obtain the compensation you deserve.
What is an Expert Witness?
Medical malpractice cases involve copious medical records, including medical imaging, laboratory testing, biopsies, and doctors’ notes. In a medical malpractice case, an expert witness is a qualified professional in the same field who can help a judge or jury interpret the facts. An expert witness can draw a correlation between a physician’s actions and the harm sustained by the patient.
Qualifications for an Expert Witness
Under Rule 702 of the South Carolina Rules of Evidence, an expert witness must have the following qualifications:
- Scientific, technical, or other specialized knowledge to assist a judge or jury in understanding evidence or to determine the validity of material facts (any fact that would alter the outcome of a case)
- The testimony must rely on sufficient facts or data
- The testimony must be based on reliable scientific principles and methods
- The opinion must reflect a reliable application of scientific principles and methods
Our expert witnesses are highly regarded in their respective specialties. These medical professionals know what steps should be taken following a surgical complication, medical emergency, or a certain presentation of symptoms. An expert witness will compare what actions your physician took versus what a competent professional in the same field would have done under similar circumstances (known as the standard of care). If your physician deviated from the standard of care and you sustained harm, you should consider filing a malpractice claim.
Certificate of Merit
Part of filing your claim will include obtaining a certificate of merit (known as an affidavit of merit in South Carolina). According to SC Code §15-36-100(B), an affidavit of merit must be obtained from a qualified expert witness who can certify that a negligent act occurred and provide relevant facts to support it. However, if the statute of limitations is set to expire within ten days of filing the complaint, then the plaintiff will be given an additional 45 days to provide the certificate of merit with the remaining pleadings.
Expert Witnesses’ Role in a Medical Malpractice Case
Expert witnesses will review medical records, which include doctors’ notes, diagnoses, prognoses, prior surgeries and procedures, and lists of medications to determine if the appropriate course of treatment was applied. Your medical records play a major part in helping an expert witness determine if a physician adhered to the medical standard of care.
After reviewing your medical records, an expert witness will testify at trial (if your case reaches trial, that is). An expert witness will prepare diagrams and other models to assist a judge or jury in understanding the medical facts. Our Greenville medical malpractice attorneys help an expert witness by preparing them for the stand.
This includes posing potential questions to see if the witness can answer concisely. If there are any gaps in medical information, our legal team will work with the expert witness to find an explanation. An expert witness’s testimony should strengthen your case, not hinder it.
Contact Our Greenville Medical Malpractice Attorneys Today
With physicians being forced to work within unrealistic time constraints, medical negligence is on the rise. If a doctor failed to follow proper medical protocols, you may be entitled to compensation for any injuries incurred. Our Greenville medical malpractice attorneys are prepared to gather evidence, collect eyewitness statements, and prepare expert witnesses for depositions and the witness stand.
To discuss the worth of your medical malpractice case, contact Parham Smith & Archenhold online or by calling (864) 432-1796 at your earliest convenience.