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Is a Medical Expert Required in a Medical Malpractice Case?
  May 5, 2014|  0 comments|  By admin

The following is a post from the The lawyers at Percy Martinez Law Firm in Orlando, FL.

A medical malpractice case is often too complex for a non-doctor to determine whether the medical professional in question should be held liable for their actions. Because of this, the testimony of a medical expert is often required in almost every medical malpractice case. The opinion of a medical expert must be obtained before a person can even file a lawsuit in most states.

Learning why expert testimony is vital in a medical malpractice case, what the medical expert’s testimony will contain, and who can become a medical expert, are all essential aspects to learn before filing a claim. A medical malpractice attorney in Orlando from Percy Martinez’s Firm can help their client learn all the processes and information that is needed in their case.

Why Is A Medical Expert Essential in a Case?

The reason why a medical expert is required in the majority of medical malpractice cases is because it looks better for the plaintiff’s case. A medical expert can help the jury and judge comprehend complex medical terms that they could not understand on their own. Typically, if there is no medical expert, a judge will decide early on the case or will just dismiss it.

Finding a medical expert is essential for any case, but a person needs to be aware that it may be difficult to find and costly. A personal injury lawyer usually has access to a medical expert and can easily acquire a testimony from their part.

What Does the Medical Experts Testimony Contain?

Within a medical expert’s testimony, there will be two questions that are addressed. First, the medical expert will explain how the medical professional in question breached the standard of care that another similarly medical professional would have not done under the same circumstance. If the medical expert testifies’s that another medical professional would have acted reasonably in that same situation, then the medical professional has a negative factor against them. Secondly, did their lack of standard of care cause the plaintiff their injury? The medical expert must explain how the medical professional’s ineptitude was the direct cause of the plaintiff’s injuries. Just because a person was injured during a procedure, it does not mean it was caused by a medical professional’s negligence.

Who Can Qualify as a Medical Expert?

Every state has different qualifications for medical experts. When a malpractice occurs in a specialized field like cardiology, then the plaintiff will have to obtain a medical expert that specializes with all aspects of the health of a person’s heart. If the medical malpractice was done by a general doctor, then the plaintiff has more options when choosing their medical expert. The lawyer will be the most competent in choosing the medical expert that would work best for their case.

Choosing The Right Medical Expert For a Medical Malpractice Case

Having the right medical expert for a medical malpractice lawsuit is vital for a plaintiff’s case. A medical expert’s testimony is extremely helpful and valid for a jury and judge. A person who lacks knowledge and terminology about legal aspects may not be able to choose the right medical expert for their case. The lawyers at Percy Martinez Law Firm in Orlando know how to make the right decision for their clients. They have succeeded beyond expectations in every medical malpractice case that they have handled. They always pursue what is best for their clients.

 

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