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Medical malpractice claims are one of the most complicated types of lawsuits. Expert witnesses in Long Island medical malpractice cases provide both objective evidence and informed opinions that can help strengthen your case. Your medical malpractice attorney will choose expert witnesses with the right background and knowledge for your situation to increase your chances of a good outcome.
In a successful medical malpractice case, the injured person needs to prove that their healthcare provider did not meet the proper standard of care based on what another medical provider from the same field, with the same training would do in a similar situation. It can be difficult for someone without a healthcare background to understand what that standard is and how and why the provider’s actions did not meet it. An expert witness is a doctor or other healthcare provider, usually in the same specialty as the doctor being sued, who will testify about what the standard of care is and how the other doctor violated it.
Expert witnesses generally need to have the proper education and certifications for their role. For example, doctors should be board-certified in their specialties. Lawyers choosing expert witnesses will also consider factors like their experience, journal publications, and professional reputation. In most cases, both the injured person’s lawyer and the doctor’s lawyer will bring in their own expert witnesses. Each side can select its expert witnesses, and these experts usually charge an hourly fee for their services.
New York Civil Practice Law & Rules § 3012-A requires the injured person to file a certificate of merit either with the lawsuit or shortly after. This is a report of a consultation with a doctor in the same specialty as the doctor being sued who agrees that there are grounds for a lawsuit. The doctor who provides this consultation serves a similar role to that of an expert witness. Attorneys often consult with medical experts in the early stages of a case in addition to the certificate of merit consultation, so expert witnesses are often involved even if a case settles before going to trial.
Later on at trial, bringing in an expert witness is not required, but it is almost always necessary for presenting a strong case. Most malpractice cases are complicated enough that a jury is unlikely to understand whether the doctor committed malpractice without expert witness testimony. There can be exceptions when the issue is obvious, such as a surgeon mistakenly amputating the wrong limb, but these are rare. Choosing the right expert witness or witnesses is a major part of a malpractice attorney’s role. In addition to having the appropriate expertise, the witness also needs to be able to clearly communicate the facts to the court and jury.
Expert witnesses in Long Island medical malpractice cases provide both evidence and interpretation of the facts of the case. Choosing the right experts will have one of the greatest impacts on the strength of your case. Your attorney should select an expert witness who possesses the required relevant medical knowledge and expertise for your case, in addition to clear communication skills. Our team knows how to work with expert medical witnesses to obtain the best possible results for our clients. Schedule a free consultation with Duffy & Duffy today.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
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Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
