Even with the best intentions, a physician can make mistakes that may lead to injury or death due to negligence. You can file a lawsuit against the doctor for their negligent acts. To win a medical malpractice claim, it is important that you have the help of a qualified medical malpractice lawyer.
A medical malpractice lawyer can help you file your claim, establish liability on the part of the doctor or hospital, and assist you through this process. Additionally, if your case goes to court, your attorney will present evidence and argue on your behalf in front of a jury. In this case, an expert witness can be helpful for the judge or jury to understand the situation.
How Can an Expert Witness Help in A Medical Malpractice Claim?
In a medical malpractice claim, an expert witness can be helpful for the jury to understand the situation by reporting the following:
- Unwarranted Procedures
- Unmet Standard Care
- Deviation From An Established Protocol
- Breaching Informed Consent
Unwarranted Procedures
If a patient has been exposed to unnecessary medical procedures that could have been avoided, the claim for medical malpractice may be stronger. In this case, the doctor or hospital can be held liable for the misuse of care. The best example of this type of claim is when a patient visits the doctor or hospital and is not informed ahead of time that they had cancer. They may seek compensation to cover their medical costs, lost wages, pain, suffering, and other losses incurred due to being treated without valid consent.
Unmet Standard Care
In some cases, a patient may have been given substandard care. In this circumstance, it can be due to delays in diagnosis, the doctor not including essential tests, or missing information regarding the patient’s medical condition. The expert witness can serve as an objective witness during testimony against the doctor or hospital by describing how they could have administered urgent care before looking into the patient’s medical data.
Deviation from an Established Protocol
A deviation from an established protocol is one way that an expert witness can help in a medical malpractice claim. When the doctor or hospital does not follow an established protocol, the patient may be exposed to unnecessary risk and serious injury. This claim will require an expert witness to prove that an established protocol requires a treatment or procedure that was not administered.
Breaching Informed Consent
Breaching informed consent is another type of claim that will require the expertise of an expert witness. While patients need to be aware of all the risks and benefits associated with a medical procedure, any information withheld can be grounds for a breach of informed consent. An expert witness is often required to help show that the practitioners did not properly inform the patient of all the risks associated with their treatment.
Conclusion
To have a successful claim filed against a doctor or hospital, you need an attorney who understands how hospitals work and how they make treatment decisions based on limited information and time. A qualified medical malpractice attorney will often have the ability to lead you through this process for a successful outcome.