The Role Of Expert Testimony In Maryland Medical Malpractice Cases
When it comes to medical malpractice cases, proving negligence requires more than just showing that a patient was injured. A Baltimore personal injury lawyer can share with you how witness input could impact the outcome of a case.
How Expert Opinions Support a Claim
In order to move forward with a strong claim, a medical malpractice plaintiff must demonstrate that the healthcare provider’s actions or omissions fell below the accepted standard of care, leading to the injury. Expert witnesses, typically experienced medical professionals in the same field as the defendant, can provide support in the following ways.
- Establish the standard of care. The level and type of care that a reasonably competent healthcare professional with similar training would provide under similar circumstances needs to be established. An expert witness explains what this standard entails in the specific medical context of the case.
- Show how care standards were breached. After defining the appropriate standard of care, the expert witness will explain how the defendant’s actions deviated from that standard. For instance, if a doctor misdiagnosed a condition that another competent doctor would have diagnosed correctly, the expert can provide testimony on how the misdiagnosis represents a breach of professional responsibility.
- Illustrating causation. It’s not enough to prove that the healthcare provider breached the standard of care because the plaintiff must also show that this breach directly caused the injury. Expert witnesses help connect the dots between the breach and the harm suffered by the patient, offering testimony that explains the chain of events and demonstrating that the harm would not have occurred without the provider’s negligence.
- Damage evaluation. In some situations, expert witnesses assess the extent of the plaintiff’s injuries and the long-term impact on their life. This information is essential when calculating the damages sought, from medical expenses to lost wages and pain and suffering.
An expert’s role typically begins early in the process. Maryland requires that plaintiffs file a certificate of merit, which must be signed by a qualified medical expert. This certificate confirms that the expert has reviewed the case and believes there is a valid claim of medical negligence. Without this certification, the case can be dismissed.
Connecting with the Right Witness
Given the pivotal role that expert testimony plays, finding the right professional is crucial. Not all medical experts are equally qualified to testify in every case, specific knowledge and experience related to the field of medicine in question is required. For example, a cardiologist may not be able to testify in a case involving orthopedic surgery.
Baltimore personal injury lawyers have access to a network of trusted medical experts who can provide credible, well-informed testimony. Attorneys will work to ensure the expert meets Maryland’s legal requirements, help prepare the expert for testimony, and build a strong, convincing case.
Could you fortify your claim with expert testimony? Expert viewpoints can establish the standard of care, demonstrate how it was breached, and prove causation. Have a conversation with the attorneys at Iamele & Iamele, LLP to learn more. Contact us today to schedule a confidential consultation.
