How orthopedic expert witnesses can prove negligence in Malpractice litigations?

Medical malpractice litigations are one of the complicated lawsuits as it is hard to prove in front of the court that a surgeon or a medical provider has committed malpractice in a case. The attorneys will call upon an orthopedic expert witness in case of orthopedic negligence and misconduct. The experts will provide testimony at court or during adjudication that the defendant was responsible for negligence and why he/she can be held responsible for the same.

Experienced attorneys will always work in close collaboration with the experienced orthopedic experts to build the case strong. Orthopedic expert witnesses should be someone who is practicing in a clinical setting or who has just retired from the profession. Besides this, they should have proper educational knowledge and experience in the subject matter in which they’ll provide case reviews and testimony.

Benefits of Orthopedic expert witness:

The opinions of the expert witnesses are not always binding on the jury, but the testimony provided by these experts proves to be beneficial for understanding complicated information in malpractice cases. It becomes easy for the plaintiff’s attorney to be at par with the defendant as the latter will have an expert witness by his side to prove his claims. As orthopedic malpractices are complex, the plaintiff’s attorney will need an expert witness to build the case strong. Also, these witnesses are influential and they can make the jury lean towards one direction.

The orthopedic expert testimony has to prove two essential grounds in orthopedic related malpractices which are as follows:

  • Standard of care– Every doctor owes a duty of care to the patient. When there is a breach of duty of care by the surgeon, or in other words, if the surgeon didn’t perform the surgery with care and caution, a patient can file charges against him. This duty of care has to be established through medical testimony. In this, the witnesses will evaluate the case and they’ll testify about what an experienced surgeon could have done and what precautions and warnings the doctor could give to the patient before performing the surgery. He or she might also provide testimony regarding the course of treatment that a competent doctor would have prescribed under the same circumstances.
  • Breach of duty of care– The second and the most important ground that has to be proved is how the defendant has breached the duty of care. In which context the surgeon has failed to owe his duty of care to the patient will be testified and the neglected areas would also be traced out. For example, it is considered a breach of duty of care if the surgeon didn’t warn the patients regarding the side effects that they can face post-surgery; if the surgeon failed to provide a proper diagnosis; if the surgeon didn’t evaluate the patient’s condition or if there were any surgery error.

If you feel that you have been neglected or there was malpractice in your case, you should consult a lawyer to get compensation for your injuries and damages.

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