What is Medical Malpractice?

According to Pediatrics Journal Medical, malpractice “is commonly understood as liabilities arising from the delivery of medical care. Causes of action are typically based on negligence, intentional misconduct, breach of a contract (i.e, guaranteeing a specific therapeutic result), defamation, divulgence of confidential information, insufficient informed consent, or failure to prevent foreseeable injuries to third parties.”

Why is medical expert testimony important?

The purpose of medical expert witness testimony is to assist a court or other lawful forum to understand medical evidence or to determine medical facts at issue. Most malpractice cases require medical expert testimony. If the case does not have a medical expert testimony then the judge may make an early decision or dismiss the case.

What questions do medical experts address in court?

The medical expert witness will explain the standard procedure for the given situation of the case. The expert witness will then deliver his opinion, stating if the doctor fulfilled the standard of care.
The expert witness testimony should be accurate, reliable, truthful and unbiased. Judges can conclude whether or not the expert opinion has been peer reviewed; or the theory can be, and has been tested.
Negligence, in terms of malpractice, can be defined as the failure to take proper care of an individual or individuals. Ideally, there should be enough concrete evidence to prove that negligence did occur, versus not enough proof. Negligence may occur before, during, or after any visit. Suggested wait times, diets, and medications, can all contribute to malpractice with a medical profession if they do not give the correct orders, or purposely neglect the individual.

Qualifications for Medical Expert Witness

There is not an affidavit or certificate of merit statute provided to medical cases.

In California the expert witness standards must:

  • Have a valid and unrestricted license to practice medicine.
  • Be a physician or surgeon.
  • Professionally substantial experience in their field.
  • Worked in emergency medical coverage in the last 5 years.
  • Assigned in acute care hospital emergency department in same/similar localities.

Finding a Medical Expert Witness

We offer comprehensive support services. Our litigation support team assists in scheduling, and ensures that the experts are available for legal appointments until the case is concluded. This is done to eliminate the anxiety and stress that can come with a serious trial.  If you have any further questions please call us at 213.457.3225.