Medical malpractice cases are expert witness driven. Even though we may feel the care received was negligent, all elements of a medical practice claim must be supported by competent expert witness testimony.
Prevailing in a medical malpractice case
To prevail, you the plaintiff, the person bringing the case must prove, by a preponderance (more likely than not) of the evidence the following elements;
The standard of care. This is how a reasonable competent physician would treat you under the same or similar circumstances.
A deviation or breach in the standard of care. (Negligence)
An injury and damages, and
A causal relationship between the negligence and your injury and damages.
The above four elements must be proven by competent expert witness testimony. Some cases may require only one expert, others may require multiple medical experts. For example, an orthopedic surgeon may be able to testify to the standard of care, negligence, and injury and damages.
However, a birth injury case, will require multiple experts including, an obstetrician, pediatrician, pediatric neurologist, pediatric neuroradiology, life care planner, economist, and others.
Because these cases require expert testimony, they can be very expensive to prosecute. Please give us a call to talk about these or other matters.