If you've been a patient and believe you've been the victim of medical malpractice, you need a malpractice expert on your legal team. You might know that you're suffering after undergoing treatment, and you might be able to demonstrate that suffering. It's quite another thing, though, to convince a jury that your suffering was caused by a doctor's neglect.
Few plaintiffs have the expertise to know what a doctor's treatment should be expected to have accomplished, and in what time frame. Perhaps you remember what you were told by the doctor before you underwent treatment, and perhaps you were even given this in written form, but this isn't good enough. You also have to know what range of symptoms qualifies as not just "tough luck" but actual malpractice.
A malpractice expert had better be a doctor. But it takes more than a mere medical degree. It takes specific medical knowledge relevant to your particular case, and for the non-expert even learning what knowledge is relevant will require consultation. For complex procedures like surgeries, the fault might have been the surgeons but it might also have been the anesthesiologists, hematologists, or even the physical therapists. There are companies, like American Medical Forensic Specialists, whose sole business is providing malpractice expert witnesses. They retain a "Medical Director" who can tell you what medical specialties need to be engaged, what counter-claim might be engaged, and more.
With average settlements at over a quarter-million dollars, there's a lot of money at stake for both sides in a case. Keep in mind that the desire is not simply to meet some minimum requirement of expertise. Finally, this comes down to convincing a jury, one way or the other. It's in both sides' interest to retain the best-reputed, most experienced doctor possible.
It isn't difficult to find doctors willing to serve as medical expert witness. For them, it's a way to earn extra income while getting a bit of free advertising. There is rarely any interference with their schedules, and the overhead is negligible to nonexistent.
The procedures and regulations for lawsuits will vary from county to county, and there might even be variances between individual jurisdictions within counties. For instance, if you have decided to sue your dentist, and desire a dental expert witness, you'll need to know what organization to work through. In some cases there will be a licensing board specifically for all dentists; in others there will be a medical board for all doctors which also regulates dentists.
Time is of the essence. Any jurisdiction will have strict deadlines after the treatment within which litigation is accepted. This only makes sense, since the more time passes, the more opportunity there will be for something other than the treatment to have caused your distress.
It isn't necessary to hire an attorney, but it is advisable. Typically, a personal injury attorney will take this particular burden off your hands, and will already have a support network set up. He or she will know who to contact to serve as your malpractice expert.
Few plaintiffs have the expertise to know what a doctor's treatment should be expected to have accomplished, and in what time frame. Perhaps you remember what you were told by the doctor before you underwent treatment, and perhaps you were even given this in written form, but this isn't good enough. You also have to know what range of symptoms qualifies as not just "tough luck" but actual malpractice.
A malpractice expert had better be a doctor. But it takes more than a mere medical degree. It takes specific medical knowledge relevant to your particular case, and for the non-expert even learning what knowledge is relevant will require consultation. For complex procedures like surgeries, the fault might have been the surgeons but it might also have been the anesthesiologists, hematologists, or even the physical therapists. There are companies, like American Medical Forensic Specialists, whose sole business is providing malpractice expert witnesses. They retain a "Medical Director" who can tell you what medical specialties need to be engaged, what counter-claim might be engaged, and more.
With average settlements at over a quarter-million dollars, there's a lot of money at stake for both sides in a case. Keep in mind that the desire is not simply to meet some minimum requirement of expertise. Finally, this comes down to convincing a jury, one way or the other. It's in both sides' interest to retain the best-reputed, most experienced doctor possible.
It isn't difficult to find doctors willing to serve as medical expert witness. For them, it's a way to earn extra income while getting a bit of free advertising. There is rarely any interference with their schedules, and the overhead is negligible to nonexistent.
The procedures and regulations for lawsuits will vary from county to county, and there might even be variances between individual jurisdictions within counties. For instance, if you have decided to sue your dentist, and desire a dental expert witness, you'll need to know what organization to work through. In some cases there will be a licensing board specifically for all dentists; in others there will be a medical board for all doctors which also regulates dentists.
Time is of the essence. Any jurisdiction will have strict deadlines after the treatment within which litigation is accepted. This only makes sense, since the more time passes, the more opportunity there will be for something other than the treatment to have caused your distress.
It isn't necessary to hire an attorney, but it is advisable. Typically, a personal injury attorney will take this particular burden off your hands, and will already have a support network set up. He or she will know who to contact to serve as your malpractice expert.
