Why Expert Witnesses Are Key for Your Malpractice ClaimMississippi Legal News
An expert medical witness might be the difference between winning and losing your malpractice claim. Choosing the right expert witness is vital for increasing your chances of compensation. Expert witnesses must meet certain standards to be accepted by the court as reliable witnesses. In the state of Mississippi, your best option is to ask a Jackson medical malpractice lawyer for help if you have any questions about this.
Process of Choosing Expert Witnesses
When it comes to the process of choosing expert medical witnesses, the court will go by pre-established standards. The court requires the witness chosen to have either skills, training, experience, or education in the field they will testify about. Otherwise, the expert witness could be denied testimony by the judge.
Not only must an expert witness have knowledge relevant to the case, but they must also meet certain scientific standards. Their testimony cannot go outside of their area of competence and cannot fabricate information. The testimony must be limited to:
- Scientific or specialized knowledge
- Arising from reliable principles and methods
- Sufficient facts or data
In other words, an expert medical witness cannot simply make false claims with no basis in science and known facts. This would likely be dismissed in court and not considered in the case. Choosing an expert witness carefully is vital because of these standards and may make or break your claim.
The court will also thoroughly challenge the expert witness testimony by certain standards. These standards include checking whether the theory or technique has been:
- Through peer reviews
- Examined for potential errors and controls
- Is generally accepted by the scientific community
Witness testimonies that deviate from these standards might not be taken seriously by the court. This means choosing the wrong witness could potentially hurt your case. Consider contacting a Jackson malpractice lawyer to learn more.
What Do Expert Witnesses Do?
You might be wondering what expert medical witnesses really do during trial. They do speak, but this is not their only function. What expert witnesses give to the case is sometimes the last piece of evidence needed to prove a claim.
An expert witness can be used to:
- Evaluate whether a malpractice claim is accurate
- Review medical records
- Write reports or professional opinions about the case
- Explain why the standards of care were breached and how
- Provide testimony in court answering questions from each lawyer
This is where cross-examination and discovery may come into play during the trial. Cross-examination attempts to uncover contradictions in each party’s claims. Contradictions against your claim can severely hurt your chances. In other cases, the right expert witness may save your claim from this threat.
Medical Malpractice Lawyer in Jackson
Proving a medical malpractice claim can be stressful when medical professionals are working against you to hide what happened. Contact the Germany Law Firm, PLLC by dialing (607) 487-0555 to speak with a Mississippi medical malpractice attorney for a consultation today. Our dedicated team of lawyers might be able to help you attain compensation for your medical costs, pain and suffering, and lost income. We serve clients in Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.