Medical malpractice cases are some of the most complex legal cases within the justice system. Compared to accident cases where fault can be easy to identify, negligence in the healthcare setting must be established through a clear understanding of legal and medical principles.
Ideally, plaintiffs must establish that the accepted standard of care was not met by a health provider and that such failure directly caused harm. But the general public lacks the medical training necessary to examine such claims.
That is why medical professionals are so vital in malpractice cases.
Below are some reasons experts are crucial in medical malpractice cases.
1. Establishing the Standard of Care
One of the primary roles of the medical malpractice expert is to set the standard of care. The standard of care is the amount and nature of medical care that would have been provided by one reasonably trained and skilled under similar circumstances.
Technically, it is not enough that the patient had a bad outcome; the plaintiff must prove that the physician or hospital engaged in behavior that did not meet the required standard. In the event of postoperative complications, for example, a professional surgeon would be able to provide evidence of the right surgical procedure and precautions that should have been taken.
Therefore, setting this standard is essential to winning a medical malpractice case because it shows that the provider deviated from accepted medical standards.
2. Proving Negligence and Causation
In any case of malpractice, it is not enough to prove that there was an error. It must also be shown that the mistake directly led to harm. This is referred to as causation, and it is one of the places where expert witnesses are crucial.
Health professionals analyze case data to determine whether the health provider’s error was the direct cause of the patient’s harm.
In some instances, the doctor may have been negligent, but the condition of the patient would have been impacted for reasons not related to the physician. The defense would typically argue that the injury or death of the patient was due to their initial condition and not due to medical negligence.
In the absence of expert proof, it would be virtually impossible for the jury to decide if the delay in treatment had indeed aggravated the patient’s condition.
3. Translating Complex Medical Information
Medical malpractice cases are replete with technical, medical terms and concepts that are difficult for the general public to grasp. Thus, it is the responsibility of expert witnesses to make such complicated information easy to understand and present it in language that is easy to follow for jurors.
For instance, in a medication error case, a pharmacologist may provide evidence of how some medicines react within the body and also explain why the medication prescribed was not suitable for the patient’s condition.
Conclusion
Medical malpractice suits are likely the most challenging to prove, as they require detailed knowledge of medical procedures, conslegal standards, and causation. Without expert witnesses, jurors would have to reach conclusions based on speculation rather than informed analysis.
Experts provide the benchmark of care, decide if negligence was performed, and clarify complicated medical data so that it is easier to understand.
