One thing has to be proven in a medical malpractice case: the health care professional fell short of providing the medical standard of care to the patient, which led to harm or injury. Despite its legal definition, medical standard of care is still subject to various interpretations. For this reason, it would be difficult to seek damages from a medical malpractice without legal help.
According to the law, medical standard of care is “type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.” With the technical terms involved in medicine, the testimonies of expert witnesses are often required to explain to the jury and the court how the defendant may have failed in providing this medical standard of care. For any medical malpractice case to flourish, the witness that the victim’s lawyer presents in court has to be highly competent and credible.
Medical malpractice lawyers in Brooklyn like those from The Law Offices of Joseph Lichtenstein have years of experience in this area of practice, and have typically built the proper network, to allow them to competently find the most suitable expert witnesses who can help prove their clients’ claims. Because of the intricate nature of medical malpractice cases, lawyers work closely with their clients to determine the right strategy to achieve a favorable outcome.
The jury may not accept all of an expert witness’ statements, but the testimony would be crucial in coming up with a verdict. The medical expert is expected to relate medical information about the proper procedures more prudent practitioners would have followed in the same situation. From this, the expert may be able to argue how the patient has been injured from the defendant’s performance.
Take a case of medical malpractice due to equipment or device failure, for example. While it is is easy to jump to the conclusion that the health care provider using the equipment is at fault, the liability may also fall on the manufacturer. The technical details surrounding such an incident would be difficult for non-medical people to understand. A Brooklyn medical malpractice lawyer will help identify an expert witness who can shed light on such matters, especially to a jury who expectedly would have insufficient knowledge about them.
(Source: Medical Malpractice: Using Expert Witnesses. Nolo.com)