An orthopedic expert witness plays a key role in medical negligence cases. Orthopedic malpractices include a wide range of complications and risks that arise due to the negligence of the surgeon. Hiring an expert witness having thorough knowledge on the matter is important as they are experienced and have practical knowledge. Some of the major roles played by an expert witness can be listed as follows:
- To offer neutral, convincing, and evidence-based reviews on the case within their medical expertise.
- Simplifies the complex matters of the case
- To offer evidence to the court that is neutral and free from biases.
- To conduct Independent Medical Examination if required.
- To make it clear that certain areas fall outside their scope of work and expertise.
One important thing to note here is that the services offered by orthopedic expert witness must be in adherence to strict professionalism and they should be part of important associations and societies.
Importance of seeking expert advice:
Now that you are aware of the role of expert witnesses, it is essential to understand why these expert witnesses are important in a medical malpractice case. As soon as you seek help from an attorney, the attorneys will initially seek consultation from a medical expert witness having knowledge in that specific case. This is because the lawyers do not have knowledge on the technical matters. Frankly speaking, medical malpractice cases are mainly due to technical errors. So it is important to seek assistance from someone who has expertise and knowledge of the same. Below mentioned is a list of reasons why seeking advice from an orthopedic expert witness is mandatory.
To establish the breach of the duty of standard of care by the medical professionals–
Every doctor owes a duty of cure to a patient under his/her treatment. These malpractice cases are highly complex and require an expert to determine how the doctor deviated from the standard care.
Malpractice claims consists of complex elements–
Medical malpractice cases are highly complicated because most of them are technical in nature. Expert witnesses are called to give a detailed review of the case based on his knowledge and expertise.
To calculate the damages caused–
You have to understand that the opponent will try to restrict your compensation amount to as low as possible. To get the best compensation amount, it is important to build the case strong so that no stones are left unturned. This is impossible without the help of an attorney and an expert witness.
To determine if there is a case of malpractice by the medical professional–
The lawsuit can be filed only when there are sufficient grounds to prove that the medical professional deviated from the standard of care and that the plaintiff sustained injuries because of the negligence of the doctor.
These are some of the major reasons why you need the help of an orthopedic expert witness in medical malpractice claims.