All medical malpractice cases always involve what a doctor should have done, and whether another doctor in the same competent would have made the same choice under the same circumstances. This means that for this to be proven, there must be another party with similar expertise to determine whether the acts of providing medical care were negligent. That’s why it’s recommended to have a medical expert witness who has a clear understanding of what can constitute medical malpractice given any case. If you have a medical malpractice case, one way to ensure your shoot up in the battle related to this complex field of medicine is to understand the role a medical expert may play in your case.
The Role Of The Medical Expert In Your Medical Malpractice Case
Anyone who has been involved in a medical malpractice case knows that it’s incredibly challenging. But for those who opt to hire attorneys in Wasilla Alaska, they away have the critical information to provide during their malpractice trial. In Alaska, you must have a medical expert testimony when you are bringing up a lawsuit. It would help if you looked for that expert who is:
- Licensed, trained and have experienced the same profession as of the defendant:Such a professional can speak out on the standard of care and bring out the credibility of your malpractice argument before the judge
- Maintain board certification in the same specialty as a defendant where applicable
When it comes to litigation in a medical malpractice claim, your medical expert will be proving that your doctor (defendant) performed his/her duties against the standard of care in the given specialty. This gives rise to the below questions:
- Did the defendant follow the laid down procedure or the standard of care required in such a position?Since there are no definite rules or facts regarding the standard of care in a particular case, the medical expert will only testify what a sound doctor given such a situation would do. This is true because reasonable medical professionals sometimes disagree on various issues. The suitable expert can provide the right evidence to show how the defendant fell below the standard of care.
- Did the failure to follow the standard of care made the patient suffer injuries? In most cases, you may find that the patient has suffered injuries or even died without depending on the attention given. In such a case, the medical expert has to testify how the defendant’s actions or inactions led to the patient’s injuries.
With the above, you need to understand why it can be necessary to have the right expert for your case. Remember that the defendant will also have an expert who will try to prove that the injuries were not due to the doctors’ negligence, or incompetence. Though the judge is not obligated to use the expert’s opinions, he/she certainly can use them to consider the facts related to your case. Without the opinion, your case may be dismissed or decided early. The right medical experts are difficult to find; if you need one in Alaska, you can consult experienced medical malpractice lawyers who have dealt with them before and know the best.
Hiring The Best Medical Expert Witness
In Alaska, there is no exception to the requirement of expert testimony. Meaning, there is no presumption of negligence. The Alaska Supreme court states that expert testimony is there to establish a medical malpractice claim. Thus, choosing the right medical expert is the key to a successful claim. This all spills down to who is best suited to testify in your case. Therefore when choosing a medical expert, you may consider looking for:
- The medical expert who has specialized within a certain medical field depending on your case at hand:This could either be through practice, experience, or even the one who has obtained board certification.
- An expert within your budget:Medical experts are not cheap. Thus, you may consider having the one whom you can afford. This doesn’t mean that you take any tom, dick, and harry who claims to be an expert. You can use the help of your lawyer to narrow down to the expert whom you can afford in your locality
- An expert who is available for your case:This plays a critical role when selecting a medical witness. Some experts may be so busy to have the availability to work entirely on your case.
There are many considerations you can make when looking for a medical expert. If you need the best expert, don’t assume you can make it by picking him/her from the expert witness directory. But, networking with medical malpractice lawyers can help you get the best. With an experienced medical expert, you can bring out all the difference in winning your claim. Again, the law related to medical malpractice varies depending on the state you live in. Therefore, you can’t assume that you don’t need an expert.