Getting justice for medical negligence is a complicated process. If you are considering filing a medical malpractice lawsuit, understanding the moving parts of your case may be helpful. One of those moving parts would be expert witnesses.
Below, you can read about the role of expert witnesses in medical malpractice lawsuits and what to expect from your attorney should you choose to file.
In this Article:
Role of Expert Witnesses in Medical Malpractice Lawsuits
Types of Medical Expert Witnesses
Illinois Code of Civil Procedure
Medical Malpractice Lawyers Use Expert Witnesses to Settle Case
What is an Expert Witness?
In a court of law, a witness is a person who gives evidence of fact. The primary function of an expert witness is to provide an expert opinion based on the facts of the case. An expert witness may provide their testimony and several stages of a legal proceeding including arbitrations, litigation, or tribunals.
To be called an expert witness, a person must possess specialized knowledge, experience, skills, or education in a particular field. Their opinion should help provide a contextual understanding of complex technical or scientific facts.
Role of Expert Witness in Medical Malpractice Lawsuits
The role of expert witnesses in a medical malpractice lawsuit is to provide an expert opinion to help determine whether or not the medical professional’s conduct was negligent. To prove negligence in a medical malpractice lawsuit, the plaintiff must show that what the physician should or should not have done violated the standard of care within the profession. Therefore, an expert witness testimony in a medical malpractice litigation is almost always necessary to show negligence.
Expert witness testimony is also valuable information for insurance adjusters when determining a fair settlement amount. Medical professionals can help paint a picture of potential costs for the plaintiff’s future treatment or expenses related to their injuries.
Types of Medical Expert Witnesses
Medical expert witnesses usually have advanced degrees and board certification and are practicing healthcare professionals such as
- medical doctors
- surgeons
- nurses
- radiologists
- medical technicians
- anesthesiologists
- pharmacists
Retired physicians and professors may also be asked to be an expert witness in a medical malpractice lawsuit.
Illinois Code of Civil Procedure
Many states require plaintiffs to get an expert opinion before even filing a medical malpractice lawsuit and Illinois is one of them. Illinois’ Code of Civil Procedure states that in a medical malpractice case, the plaintiff must file an affidavit of merit stating that a qualifying medical expert was consulted before filing.
If you or your loved one was injured due to a medical professional’s negligence, finding a medical professional to confirm your suspicions of wrongdoing will be vital. But you may have no clue where to begin in finding one. Fortunately, if you hire a medical malpractice lawyer, they can easily find medical experts so you won’t have to.
Medical Malpractice Lawyers Use Expert Witnesses to Settle Case
Generally, physicians are required to carry medical malpractice insurance, so when an injured patient files a lawsuit, the physician’s insurance company will likely be the ones who pay.
Any skilled medical malpractice lawyer will know how to use expert witness testimony to help maximize the settlement offer from insurance companies and push back against a lowball offer. Hiring an attorney early on can greatly improve the likelihood of a successful outcome in a personal injury case.
For a FREE case review, call Disparti Law Group Accident & Injury Lawyers at (312) 600-6000 and find out why thousands say… Larry wins!
