How Do Expert Testimonies Impact Malpractice Lawsuits?
If you’ve been injured physically or emotionally as a result of someone else’s gross negligence, you may decide to pursue a malpractice lawsuit. Warren Allen LLP specializes in representing people in personal injury and malpractice claims. We understand that malpractice suits are often lengthy and complex matters. So we exercise due diligence in formulating the best possible argument for our clients.
To support your claim, for instance, we may secure an expert witness who is able to provide an unbiased professional opinion about the issues at hand. In fact, expert testimony often plays a key role in securing favorable outcomes in malpractice lawsuits.
How so, exactly? Expert witnesses are often adept at breaking down technical jargon so that complicated matters are more easily understood. They’re also able to explain standard protocol and procedures so that jurors are able to understand what should have happened in a given situation. But there’s much more that expert witnesses often bring to the table.
Subject Matter Expertise
If you’ve ever served as a juror in a criminal trial or watched one on TV, you’re likely familiar with the legal concept of “proof beyond a reasonable doubt.” In other words, to find a defendant criminally culpable for a particular charge, there must be enough evidence against them that a reasonable person would not question their guilt.
The burden of proof is a little less strict in civil lawsuits. However, there are still a number of legal standards that must be met in order for a judge or jury to rule in the plaintiff’s favor. Namely, there are four essential elements that a plaintiff must establish to successfully argue a malpractice lawsuit:
- The legal duty of the practitioner
- A breach of this duty
- That the breach of duty caused the injury in question
- That there are damages due to the injury
Using specialized knowledge and expertise, a subject matter expert can demonstrate to a judge or jury why a party is or isn’t at fault in a malpractice claim. In fact, one study examining expert witnesses in plastic surgery malpractice cases found that a plaintiff was more likely to win the case when their expert was a plastic surgeon themselves.
But it isn’t enough to merely be an expert in a particular specialty. To show that a professional’s actions deviated from standard practices, each of those four essential elements of malpractice must be met. This is where expert witness testimony can really make an impact.
Clear Analysis
By providing a thorough analysis of the case, a subject matter expert is often able to tip the scales in favor of one party or another. Expert witnesses provide valuable insight for jurors who must make the ultimate decision regarding whether the defendant engaged in negligent behavior. Let’s take a closer look at the four elements that must be met to make this determination:
1. Duty of Care
Many professionals are bound by certain industry standards and ethical principles. For example, attorneys have to take an oath at the time of their swearing-in ceremony. This oath is a pledge to uphold the law and adhere to a certain standard of conduct. Likewise, medical practitioners are obligated to provide care in accordance with accepted medical standards. When pursuing a malpractice claim, the plaintiff must demonstrate the professional in question had such an obligation.
2. Breach of Duty
The second essential element in a malpractice claim is breach of duty. This breach occurs when a professional fails to adhere to the established duty of care. Since a jury may be unfamiliar with industry practices, an expert witness can explain what protocol should have been followed and how the professional’s behavior fell short of those standards. The witness may be able to offer insight into what they would have done differently in a similar situation and what would have qualified as an acceptable level of care. This can help jurors understand whether a breach of duty occurred and, if so, how egregious a breach may have been.
3. Causation
Causation refers to evidence showing that the professional’s actions were the cause of the injury. For instance, in a medical malpractice suit, you may argue that a doctor’s negligence caused you physical harm or exacerbated an illness. In such cases, you must prove that your deteriorating health condition or injury was the direct result of the doctor’s breach of duty.
The defense may argue, on the other hand, that you had a preexisting condition that was not brought about by the doctor’s actions. In this instance, an expert witness could be the doctor currently treating your condition. This doctor may be able to provide evidence connecting your injury to the doctor’s actions, rather than some other cause.
4. Damages
The last essential element of a malpractice suit centers on the damages incurred. These can be financial damages, such as medical bills, or emotional damages, such as psychological harm. An expert witness can speak to the extent of the damages sustained, which can impact the amount a plaintiff is awarded if successful.
Influence
Not only can expert witness testimony influence case outcomes, but it can also influence settlement negotiations. If both parties can come to an agreement on compensation and settlement terms, then the matter can be resolved without going to court. An expert witness can assist in this process.
For instance, expert witnesses can provide estimates of future medical costs and other expenses to help both parties reach a fair settlement amount. If settlement negotiations are successful, a resolution can often be reached in the matter much more quickly than if the case were to go to trial.
While having an expert witness testify on your behalf does not necessarily guarantee a favorable outcome or settlement, it can certainly help. If you feel you’ve been harmed by malpractice, it’s important you take swift action. There are often statutes of limitations on malpractice cases, which means you only have a limited amount of time to file a suit. Contact Warren Allen LLP today. We’ll evaluate your case and decide how best to proceed. If you’ve been injured by professional negligence, we’re committed to helping you seek justice.
