Why Your Case Needs a Medical Expert Witness

by Kevin Smith Author

One question facing many people involved in a medical malpractice case is whether an expert medical witness should be involved and why. Some cases seem so simple. Why is an expert opinion needed? The answer might surprise you.

Your Case Requires It

In many states, before a medical malpractice case can move forward, the testimony of a medical expert is needed to establish the case has legal merit. This is to help avoid lawsuits that are frivolous or are a case of fishing for a settlement.

It Aids the Court in Explaining Your Case

A medical expert witness can explain your case in easy-to-understand concepts and prove to a court that you have a good chance of winning. Even if a medical expert opinion is not required, you should listen to an expert’s opinion of your claim; if they say your claim pushes the limits of credibility, you may want to reconsider how you move forward with your case or even if you move forward at all.

It Helps Explain Your Case to a Jury

Most juries will not have a medical expert of any sort sitting on them. The vast majority of malpractice cases are not simple or easy to understand. In fact, they are exceptionally complicated. Your lawyer might be an expert at litigation, but they will never be as knowledgeable medically as an expert witness. Explaining your situation clearly is key and a medical expert witness is the only one suitably qualified to do that in all but the most simplistic of cases.

Avoiding Undue Influence

Since most juries will not have a medical expert on them, anyone who has even just a baseline of medical experience could hold undue persuasion powers over the rest. A medical expert gives you the chance to set the record straight, even if there is someone on the jury whose knowledge of medical topics could hold sway over a jury. It should be noted that because of this influence, most attorneys would move to strike a juror that possessed that type of knowledge and potential power, but occasionally, they do end up on juries.

The Other Side Will

If your case has gone to trial, it means the defendant’s side has concluded your case can be won or it has no merit. Even if they have offered to settle and you have rejected them, if they move to trial, it is an indication they have some measure of confidence. To bolster their case, they likely will have an expert that challenges your assertions. Having a medical expert on your side is one way parrying their efforts to discredit you.

An expert medical witness does a lot more than just provide testimony that backs up your side of the case. They help thwart your opposition's position, justify your case to a court and sway jurors away from undue influence. If you are on the fence about if you need one, these reasons alone should convince you it is a wise move.