In medical malpractice lawsuits, courts often rely on the testimony of qualified medical experts. Relevant professionals can give context into what went wrong in a patient’s treatment, why a healthcare provider’s actions were negligent, and how that negligence caused harm to those in their care.
Expert witnesses often play a critical role in the outcome of medical malpractice cases, both in and out of the courtroom. On this page, the experienced Chicago medical malpractice lawyers at Levin & Perconti explain the importance of medical expert testimony and how it can impact the success of your case.
What Do Expert Witnesses Do in Medical Malpractice Cases?
Medical experts are not one-size-fits-all — they are most effective when commenting within their clearly defined professional specialty. There may be multiple expert witnesses involved in a case, each serving a different role in proving each key element of medical malpractice:
Establishing the Standard of Care
The two most important facets of medical malpractice are showing that the healthcare provider owed a duty of care to their patient and that they breached that duty by failing to meet the accepted “standard of care.” The standard of care is the level of competence and adherence to best practices expected of any medical professional in a given circumstance.
An expert witness who specializes in the same field of medicine as a malpractice defendant can analyze their actions and determine whether their behavior fell below acceptable standards. For example, an independent surgeon could testify to whether a surgical complication was an unavoidable risk or the result of poor technique or carelessness.
ensure their safety.
Proving Causation
Showing that a physician’s care was subpar isn’t enough to prove malpractice on its own. You also must prove that the healthcare provider’s actions directly caused you harm.
An expert witness’s testimony can provide a clear medical explanation of how and why the doctor’s negligence caused the patient’s injury.
Calculating Damages
For many injuries with long-term impacts, determining the value of damages in a malpractice case can be difficult. The victim must consider future care costs, past and future lost income, and how their injuries will affect their quality of life for years to come.
A medical expert can provide context and assess the overall impact of various factors on a case’s valuation. For example, an expert in long-term care can attest to the average cost of treatment for a brain injury over the victim’s lifetime, including treatment bills and related expenses.
Providing the Affidavit of Merit
Illinois law requires medical malpractice claimants to include a sworn statement from an active, qualified medical professional with expertise relevant to the situation. In an “affidavit of merit,” an expert witness certifies that the claim is valid enough to proceed, determining based on the evidence that malpractice is more likely than not.
Who Can Qualify as a Medical Expert Witness in Illinois?
An expert witness must have medical experience, training, or general knowledge relevant to a specific, disputed aspect of a medical malpractice case. During a lawsuit, a court will decide whether to accept an expert’s opinion as valid based on their qualifications and credentials.
Some types of healthcare providers who can serve as expert witnesses include:
- Physicians of different
- specialties
- Surgeons
- Nurses
- Anesthesia or radiology technicians
- Rehabilitation specialists
What Makes an Expert Witness Effective in a Medical Malpractice Case?
Beyond basic qualifications, the right expert witness has traits that will help them persuade a jury — or a defendant’s legal team. Some details common in effective medical experts include:
- The same or a similar specialty to the defendant
- Active or very recent clinical experience
- A clear, easily understood writing style
- An objective perspective
- A strong professional record, including personal successes and industry respect
When Can Expert Witnesses Help With My Illinois Medical Malpractice Claim?
Medical experts are helpful allies during every step of the medical malpractice claims process:
- Building a case: Your attorney will consult with expert witnesses for their perspective on the evidence and whether you have a valid claim.
- Before filing: Medical experts can provide statements supporting your case, strengthening your claims and raising your chances of an early resolution.
- Discovery: A medical expert can help your attorney identify which evidence to seek during the discovery process, what questions to ask during depositions, and more.
- Resolution: At trial, an expert witness can provide a statement or take the stand in support of your case, providing direct authority to the jury in your favor. Their planned presence at trial may also convince the other side to agree to a settlement.
We Work With Expert Witnesses to Maximize Your Compensation
The trusted Chicago medical malpractice lawyers at Levin & Perconti utilize a nationwide network of top-notch expert witnesses to strengthen our clients’ claims and secure the compensation they deserve. With more than 400 years of combined experience and over $1 billion recovered for clients like you, our team is ready to help you hold your negligent healthcare provider accountable and get justice.
If you have questions, contact us online or call (312) 332-2872 today for a free consultation with our experienced legal team.
