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Free ConsultationMedical malpractice lawsuits are often more challenging than other types of personal injury claims, largely because courts will not just take your word for it that your doctor acted irresponsibly in how they provided a professional service to you. Instead, you will need to have formal support for your claim—both prior to filing suit and during ensuing settlement negotiations or court proceedings—from at least one qualified “medical expert” meeting the criteria set out by state law.
Expert witnesses in Philadelphia medical malpractice cases can take various forms and perform various functions, but ensuring you have support from ones you can trust will be crucial to achieving a favorable result from this type of claim. Here is a brief overview of who can serve as an expert witness, what expert testimony can do for you during settlement talks and trials, and how a medical malpractice lawyer from Lowenthal & Abrams can help you find the right people to support your claim.
Basic Qualifications for Expert Witnesses in Malpractice Claims
As per Section 512 of the 2002 Medical Care Availability and Reduction of Error (MCARE) Act, expert witnesses generally must fulfill all the following requirements in order to serve in that role during a Philadelphia medical malpractice case:
- Actively licensed to practice medicine in the state of Pennsylvania
- Board-certified in the field(s) of medicine relevant to the case in question
- Actively practicing, teaching, or having practiced or taught within the prior five years in the relevant field(s)
- Able to demonstrate significant and relevant knowledge of standard practices within the relevant field(s)
That said, there are a few circumstances under which these requirements can be met in other ways—for example, if a doctor is specifically trained in diagnosing or treating a condition which falls outside their standard specialty. It is also worth noting that different types of experts can testify about various aspects of the same medical error, making it often helpful to have multiple experts provide input during a malpractice claim.
What Roles Can Expert Witnesses Play in Civil Lawsuits?
The primary purpose that expert witnesses serve during pre-filing and pre-trial proceedings in Philadelphia medical malpractice claims is to establish that a legally actionable breach in the “standard of care” occurred. In brief, this entails one or more qualified experts affirming that, based on their review of the injured party’s case, they believe that the defendant physician(s) engaged in misconduct which no other equally qualified physician would have engaged in under similar or identical circumstances.
Later on in the case process, expert witnesses can help explain medical concepts and terminology to civil court judges and jury members, analyze specific aspects of an injured person’s medical records to show causation of harm through malpractice, and answer questions from an injured person’s attorney to clarify exactly how the defendant physician(s) failed to act professionally. That said, expert witnesses can also be cross-examined by opposing counsel, which is why it can be so important to work with counsel yourself to find witnesses who can stand up to this type of scrutiny on the stand.
Learn More About Expert Witnesses in Medical Malpractice Cases from a Philadelphia Attorney
Even if you know your doctor has caused you harm by providing substandard treatment, understanding exactly how that harm came about—let alone explaining that to other people—can be hard for anyone to manage alone. Fortunately, a knowledgeable expert witness can help both you and others understand what happened to you and what compensation you may be entitled to as a result.
If you have further questions about expert witnesses in Philadelphia medical malpractice cases, a member of the Lowenthal & Abrams legal team can answer them during a free, confidential consultation. Call today to schedule yours.
