Medical malpractice cases may not always involve medical errors. Sometimes other professionals such as medical technicians can hurt a patient. In such cases, the testimony of experts is crucial to determine whether the doctor or medical technician provided the necessary medical care. Medical professionals who fail to follow an appropriate standard of care should be liable for the injury the patient has suffered. Due to the complex nature of these cases, you may need to hire a California medical malpractice attorney to gather clear and convincing evidence, including expert testimony.
Medical malpractice cases generally involve expert testimony. Whenever this valuable testimony is not present, the judge dismisses the case or makes a precipitate decision. In other words, courts are not prepared to handle these types of cases without expert advice from a medical professional. This is why it is essential a medical expert testifies during the early stages of the malpractice case.
There are two basic things that experts will address:
1 Whether the doctor or medical technician followed the appropriate standard of care.
2 Whether the injury was caused by the medical professional’s error.
Expert testimony always includes what a capable professional would have done in a similar situation. In other words, the expert will prove whether the medical professional lived up to the required standard of care. When it comes to medical malpractice cases, there are no rules. The expert must show clear and convincing evidence such as medical research and guidelines followed by experts in the field.
The expert also needs to prove whether the medical professional’s mistake caused the injury. There are times when something other than the doctor’s incompetence hurts a patient. If the expert witness is convinced that other factors came into play in this specific medical situation, he or she will explain his findings to the jury.
Your California medical malpractice lawyer should hire an expert prior to the commencement of the trial. Without expert testimony, the court may determine the best course of action and favor the other party. However, there are some rare cases that may not require the opinion of an expert such as:
1 When the doctor and his staff are the only ones responsible for the injuries.
2 There is no doubt the injuries were caused by the physician’s failure to adhere to the appropriate standard of care.
If you or a loved one has been injured as a result of medical malpractice, contact one of our talented California personal injury attorneys. Medical malpractice cases can be costly and time-consuming requiring a solid investigation.
We have been helping families in California get the compensation they deserve and we can do the same for you. For a free case evaluation, please feel free to call us today!