Having an expert witness to prove negligence is a must. These individuals can be the missing piece you need to win or keep a case from being dismissed before a trial. Understanding a witness’s role is crucial for building your medical malpractice claim.
The role of an expert witness
Proving medical malpractice can be difficult because you need to connect how a doctor’s negligence caused your injuries. In Oregon, medical providers must meet the same degree of care, skill and diligence that any ordinarily careful physician would under similar circumstances.
Simply pointing to your injuries as evidence of a mistake is not enough. You need an expert witness who can offer an objective stance by performing these actions:
- Reviews your medical records and injuries to determine if your medical team met the community’s standard of care.
- Explains how your doctor failed to follow the standard and caused harm.
- Offers alternatives to how an ordinarily careful physician would act to avoid harm.
Expert witnesses are often third-party physicians. With their knowledge and experience, they act as an evidentiary guide for the jury by explaining medical jargon to help them understand the complexity of malpractice cases.
Building a case worth fighting for
Malpractice lawsuits can be overwhelming due to their technical nature. You typically need a strong legal strategy, and this starts with finding the right expert witness who can validate your experience. However, identifying and retaining witnesses can be a complex process. Seeking assistance from an attorney can be a valuable resource for your family.