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Medical malpractice lawsuits are often more challenging than other types of personal injury claims, largely because these cases often involve medical questions that judges and juries cannot evaluate without testimony from a qualified medical professional. Expert support may be needed to establish the standard of care, determine whether a healthcare provider failed to meet that standard, and connect that failure to the patient’s injury.
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 can be important to establishing the medical issues involved in your 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.
Do You Need an Expert Witness for a Medical Malpractice Case in Pennsylvania?
Most Pennsylvania medical malpractice cases require support from an appropriate medical professional because determining whether a provider met the applicable standard of care usually involves specialized medical knowledge. An expert may also be needed to explain whether a provider’s actions caused the patient’s injury. Limited exceptions may apply when expert testimony is unnecessary to establish the claim.
Pennsylvania also generally requires a Certificate of Merit in a professional liability action. The plaintiff’s attorney, or an unrepresented plaintiff, typically must file the certificate with the complaint or within 60 days after filing it. One way to satisfy this requirement is to obtain a written statement from an appropriate licensed professional supporting the allegations of a departure from acceptable professional standards and causation. Pennsylvania’s rules also recognize circumstances in which the filing party certifies that expert testimony is unnecessary.
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 certain requirements to provide medical opinion testimony in a professional liability action against a physician. Depending on the testimony involved, those requirements may include:
- Possessing an unrestricted physician’s license to practice medicine in any state or the District of Columbia
- Being engaged in active clinical practice or teaching, or having retired from active practice or teaching within the previous five years
- Having sufficient education, training, knowledge, and experience to provide competent testimony on the medical issue involved
When an expert will testify about a physician’s standard of care, additional requirements generally apply. The expert must be substantially familiar with the applicable standard of care and generally must practice in the same subspecialty as the defendant physician or one with a substantially similar standard of care. If the defendant physician is board certified, corresponding board certification may also be required. Pennsylvania law allows courts to waive certain specialty or certification requirements under specified circumstances.
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. An expert may review the care provided and explain what an appropriately trained healthcare provider should have done under similar circumstances, whether the defendant departed from that standard, and whether that departure contributed to the patient’s injury.
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) may have departed from the applicable standard of care. 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.
What Evidence May a Medical Expert Review?
The evidence an expert reviews depends on the alleged medical error. It may include medical records, physician and nursing notes, diagnostic tests, imaging, medication records, surgical reports, monitoring data, laboratory results, and the timeline of the patient’s treatment.
The expert uses this information to evaluate the medical questions involved in the case. A poor outcome alone does not establish malpractice. The evidence generally must show that the provider failed to meet the applicable standard of care and that this failure caused or contributed to the patient’s injury.
Learn More About Expert Witnesses in Medical Malpractice Cases from a Philadelphia Attorney
If you believe a healthcare provider’s treatment caused you harm, 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 whether the medical evidence supports the allegations involved in your claim.
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.
