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If Filing a Med Mal Claim, Expert Witnesses May Go a Long Way

Posted by attorney Christopher Mellino

In many med mal claims, medical expert witnesses may help your case or may even be necessary. Your medical malpractice attorney in Cleveland can help find experts to testify for your claim. Experts may be required to help make sense of what happened and whether the doctor or other professional acted negligently. The expert may also be asked to determine whether a professional’s negligence was the cause of your injuries.

But how do you go about finding, much less paying for, an expert willing to provide testimony for your medical malpractice claim? An attorney may have the resources and contacts to find these experts, who, not surprisingly, tend to be expensive and may be hard to find.

Expert Witnesses and the Standard of Care in Med Mal Claims

Expert medical witnesses are tasked with two very important jobs. One is determining whether the doctor or doctors followed the industry standard of care for other reasonable professionals in the same field.

This means that the doctor provided the same level of care that another competent doctor would have provided in the same situation. What is considered a reasonable standard of care in one situation may differ from another case. The medical expert witness may draw on his or her expertise, training, experience, and/or may refer to medical publications and studies contained within them.

The second job of a medical expert witness is to prove that the doctor’s failure to follow that standard of care is what led to the patient’s injury. Because there are so many factors that could result in an unfavorable surgical or medical outcome, the expert witness may show the interplay between the breached standard of care and the injury.

When you need to file a medical malpractice claim, an attorney can not only help you secure qualified medical testimony, your lawyer can also keep your entire case organized and on track.

Answering Your Ohio Med Mal Law Claim Questions

When it comes to finding expert medical witnesses to testify for your claim, it’s quite likely you have more questions than answers. First, you might have questions about qualifications for the witnesses, how the legal process should be obtained, and when you may or may not need a medical expert.

Your attorney can help with some of the following concerns, and more:

  • qualifications for medical expert witnesses (may vary depending on whether the case involves general medicine or a specialty);
  • how soon in the legal process you need to obtain a medical expert (such as before a malpractice trial starts); and
  • when you don’t need a medical expert (even then, it may help to have a medical expert as backup).

When the negligence leads to injuries, consult with the medical malpractice lawyers at Mellino Robenalt LLC. Whatever the type of med mal, you may be able to file a claim to recover compensation for damages. If you suspect human error, poor judgment or inadequate training led to your injuries, call 888-457-1147 or 440-333-3800 to speak with a medical malpractice attorney in Cleveland.

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