What is a Medical Expert Witness and Why is it Important in My Case
By Ben Gobel on October 29, 2024
Medical malpractice cases in Pennsylvania require compelling evidence to prove that a healthcare provider’s negligence caused harm. In these cases, the role of a medical expert witness is critical. With expert testimony, most medical malpractice lawsuits would be able to meet the legal requirements necessary to proceed. Get dedicated legal help for medical malpractice cases to recover damages from negligent doctors and hospitals.
What is a Medical Expert Witness?
A medical expert witness is a professional, typically a physician or other healthcare provider, with specialized knowledge in a particular area of medicine relevant to the case. Their primary role in a medical malpractice lawsuit is to provide informed, objective testimony about whether the healthcare provider’s actions met or deviated from the accepted standard of care and whether the deviation directly caused harm to the patient.
Qualifications of a Medical Expert Witness in Pennsylvania
In Pennsylvania, medical expert witnesses must meet specific qualifications to testify in a medical malpractice case. The rules governing expert witnesses are outlined in Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act and the state’s rules of civil procedure.
Key Requirements
- Board Certification and Practice: The medical expert must be board-certified in the same or a closely related specialty as the defendant’s healthcare provider. For example, a neurosurgeon can only testify about the standard of care in a case involving cardiology if they have relevant qualifications.
- Active Practice: The medical witnesses must be actively practicing or teaching medicine at the time of the alleged malpractice. This ensures that the expert’s opinions are based on current medical knowledge and practices.
- Experience with Similar Cases: The medical experts must have substantial experience in cases similar to the one being litigated. For instance, a physician who specializes in obstetrics and has no experience in emergency medicine would not typically qualify to provide legal, medical testimony in a case involving an emergency room error.
The Role of a Medical Expert Witness in Pittsburgh Medical Malpractice Cases
Case Evaluation
Before a medical malpractice case can even begin, Pennsylvania law requires that the plaintiff (the injured party) file a certificate of merit. This certificate must be signed by a qualified medical expert who confirms that the healthcare provider’s actions likely deviated from the accepted standard of care. Without this certificate, the case cannot proceed.
Pre-Trial Discovery
During the discovery phase, both sides exchange evidence and expert reports. A medical expert witness will review medical records, diagnostic tests, and treatment protocols to form a detailed understanding of the case. They may also participate in depositions, where attorneys from both sides question them to clarify their findings and opinions.
Establishing the Standard of Care
One of the expert’s most essential functions is to explain to the court what constitutes the appropriate “standard of care” in the specific circumstances of the case. The standard of care refers to the level of care that a reasonably competent healthcare provider would have given under similar circumstances. The expert must demonstrate whether the defendant’s actions aligned with or fell short of this standard.
Proving Causation
Proving causation is usually the most complex part of a medical malpractice case, which underscores the importance of medical testimony. The expert must connect the dots between the medical error and the injury, demonstrating that the patient’s condition resulted from the healthcare provider’s negligence during diagnosis, medical treatment, or follow-up, not from an underlying medical issue or other factors.
Expert Witness Testimony at Trial
Should the case go to trial, the medical expert witness will testify in front of the jury. Their testimony is critical to helping lay people understand complex medical issues. The expert will explain medical terminology, procedures, and the specific facts of the case in simple terms, allowing the jury to make an informed decision. In many cases, medical expert testimony becomes the linchpin of the trial, as juries heavily rely on their specialized knowledge to assess whether the defendant is liable.
Why is a Medical Expert Witness Important in My Case?
Proving a Deviation from the Standard of Care
A medical expert witness helps prove that the provider failed to meet the established standard of care. Without this testimony, the jury has no way of knowing whether the provider acted appropriately. A resourceful personal injury attorney can help in selecting medical witnesses with authoritative knowledge and top credentials.
Demonstrating Causation
It is not enough in a medical malpractice claim to show that the medical professionals made an error; you must also prove that the mistake caused your injury or worsened your condition. A medical specialty expert is essential in drawing the connection between the provider’s negligence and your damages.
Persuading the Jury
Medical malpractice cases often involve highly technical and complicated medical issues. Jurors, who typically do not have medical training, need guidance to understand these details. A skilled medical expert witness can break down the information into clear, understandable terms, making it easier for the jury to grasp the nature of the negligence and the harm it caused.
Helping to Secure a Fair Settlement
In many cases, the strength of the medical expert’s testimony influences the settlement negotiations. When a well-credentialed expert presents a compelling case that the healthcare provider deviated from the standard of care, defendants and insurance companies are more likely to offer a fair settlement rather than risk a costly and unfavorable jury verdict.
Meeting Pennsylvania Legal Requirements
Under Pennsylvania law, you cannot file or proceed with a medical malpractice lawsuit without a medical expert’s support. From the certificate of merit to expert testimony at trial, the role of a medical expert is not optional—it is a legal necessity.
Choose Experienced Medical Malpractice Attorneys in Pittsburgh, PA
At Ogg, Murphy & Perkosky, we understand the physical, emotional, and financial toll that medical negligence can have on you and your family. Our skilled and compassionate Pittsburgh medical malpractice lawyers are here to support you every step of the way, providing dedicated, personalized representation to ensure no detail is overlooked. With a deep commitment to our clients and the community, we will work relentlessly to recover the highest possible compensation for you. To schedule your free consultation, call us at (412) 203-8159 or contact us online.