Expert witnesses are crucial to medical malpractice cases. They speak to what is arguably the most difficult hurdle with these cases—causation—because of their medical expertise. An expert witness in a medical malpractice case can also help to educate the jury about any other medical information that arises and the costs associated with certain injuries that result from medical malpractice.
Role in Establishing Accepted (Standard) Medical Practice
The heart of a medical malpractice suit is the claim that a doctor or facility acted negligently in treating a patient and thus caused harm. In order to prove that a doctor acted negligently, a jury must be educated about what is common, standard, accepted medical practice for a given issue, procedure, etc. A lot of this has to do with what is considered to be standard practice with the medical community in general.
Linking Negligence and Injury
But even if a plaintiff can prove that a doctor acted negligently, an expert witness can provide the information linking the negligence to the injury suffered by the plaintiff, specifically. This is the causation element that allows an injured plaintiff to have a successful claim linking the doctor’s actions with their injury in order to receive damages to address that injury.
Appropriate Monetary Compensation for Injury
In Louisiana, regardless of what a jury believes is a just award for a victim of medical malpractice to address pain and suffering, there is a cap of $500,000 on damages, and any amount awarded beyond $100,000 is paid out of the state’s Patient Compensation Fund. Having expert witnesses testify as to a given case’s pain and suffering damages, particularly if they exceed the damage cap in the state, can be helpful as well in having states like Louisiana see that there is a need to legislatively change this cap and allow medical malpractice victims to be awarded the amounts that correlate with the pain and suffering associated with serious, permanent injuries and/or disfigurement.
Common Malpractice Errors
Some of the most common errors that doctors make which result in injuries and malpractice suits include:
- Delayed or misdiagnosis;
- Medication errors;
- Childbirth errors;
- Anesthesia errors;
- Surgery errors; and
- Failing to order the proper tests (often part of misdiagnosis in emergency rooms).
Medical Malpractice Attorneys at Harrell & Nowak
The Louisiana medical malpractice attorneys at Harrell & Nowak have been representing victims of medical malpractice in successful cases for years. Our attorneys have the experience, knowledge, and commitment necessary to pursue these claims and represent you for any suffering you have incurred as the result of medical error. We also have the know-how when it comes to using expert witnesses in a given medical malpractice claim. Contact our New Orleans medical malpractice law firm today for a free, confidential consultation.