The Role of Witnesses in Medical Malpractice Lawsuits

Medical malpractice cases are complex and require a thorough understanding of both medical and legal principles. Witnesses, especially expert witnesses, play a crucial role in these lawsuits. At Dental & Podiatry Malpractice Lawyers of New York, our attorneys have decades of experience handling these cases and an impressive track record of successful outcomes. If you believe you are a victim of medical malpractice, contacting our office is a wise move.

How is Medical Malpractice Defined?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to the patient. This standard of care is the level of care that a reasonably competent healthcare professional would provide under similar circumstances. Medical malpractice takes many forms, including errors in diagnosis, treatment, health management, or aftercare.

Why You Need a Skilled Attorney to Recover Damages

In order to navigate the justice system successfully, you need a medical malpractice attorney with a history of positive settlements and verdicts. At Dental & Podiatry Malpractice Lawyers of New York, our attorneys fill the bill. As soon as you get in touch with us, we will assess the viability of your claim. Once you become our client, we will:

  • Gather and analyze medical records
  • Identify and consult with qualified expert witnesses
  • Develop a compelling legal strategy
  • Negotiate with opposing attorneys and insurance adjusters
  • Litigate forcefully, if necessary, to bring you maximum compensation

Medical malpractice cases are difficult to win. Without an accomplished attorney who has a thorough understanding of the legal system and experience with the intricacies of medical malpractice, you have little chance of winning the compensation you deserve.

With one of our highly capable lawyers representing you, however, you stand the best chance of receiving damages for medical costs, lost income, pain and suffering, and all other related losses. 

What Has to Be Proved to Win a Medical Malpractice Case?

To win a medical malpractice case, the plaintiff must prove the following:

Duty: The healthcare provider owed a duty of care to the patient.

Breach: The provider breached this duty by failing to adhere to the standard of care.

Causation: The breach was a cause of the patient’s injury.

Damages: The patient suffered real damages (physical, emotional, financial) as a result of their injury.

Each of these elements requires substantial evidence, which frequently hinges on the testimony of expert witnesses.

Why Expert Witnesses are Essential in Making the Case

Expert witnesses are the backbone of medical malpractice cases because they are both objective and persuasive. As established specialists with outstanding credentials in their field, they provide irrefutable evidence that the healthcare provider accused of malpractice has breached the accepted standard of medical care. 

As well-respected professionals with no vested interest in the outcome and a fine reputation to protect, expert witnesses are invaluable in convincing the court and making the case by providing:

  • Objective, credible opinions that carry weight with judges and juries
  • Explanations of complex medical issues in understandable terms
  • Definitions of the standard of care and precisely how it was breached
  • Proof of causation, linking the breach of duty to the harm suffered by the patient

Without expert testimony, it is nearly impossible to establish the standard of care or causation, both of which are essential to proving malpractice.

Contact Our Talented Medical Malpractice Attorneys Today

At Dental & Podiatry Malpractice Lawyers of New York, we have extensive experience handling complex medical malpractice cases and access to top medical experts who can testify on your behalf. Not only will we give you the personal attention, respect, and compassion you deserve; we will charge you no attorneys’ fees until we recover damages. The sooner you contact us, the sooner we can begin fighting for your right to just compensation.

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.