Proving a medical malpractice case can be challenging. In order to build your case, there are many things you need to prove, such as the doctor was negligent or they failed to improperly diagnose or treat you as their patient. In order to prove this, many lawyers ask for orthopedic expert opinions. Asking other doctors what they would have done in the same situation can show that a doctor did not diagnose or treat you in the same manner other doctors would have. However, there is a difference between getting a written opinion and asking the expert to testify at trial. If your case is going to trial, learning the pros and cons of using an orthopedic expert at trial can help you determine if it is best for your case. Here are some of those pros and cons.
Cons of Using an Orthopedic Expert at a Medical Malpractice Trial
One of the biggest downsides to hiring an expert to testify at your medical malpractice trial is that these experts can be expensive. If you are not working on a contingency basis with a lawyer, you may be asked to pay for this out of your own pocket, which can add up quickly.
The other major disadvantage to hiring an orthopedic expert for your medical malpractice claim is that you may need to hire multiple experts to prove your point. If you have one doctor stating they feel that your doctor made an error, and they would have treated your case differently, it ultimately becomes a he said/she said scenario. If you have multiple experts state the same thing, then the preponderance of evidence tips in your favor.
Pros of Using an Orthopedic Expert at a Medical Malpractice Trial
One of the biggest advantages to hiring an orthopedic expert to testify at your medical malpractice trial is that the judge or jury gets to hear from a medical expert. Your attorney can tell a judge or jury over and over again that what the doctor did was wrong or not following proper medical protocol. However, that information packs a bigger punch when it comes from an expert.
The other benefit to using an orthopedic expert at your trial is that they can testify to much more than just compensability issues. They can state what the outlook is for your injury, what future medical care you may need, and what they think your recommended medical treatment plan should be. All of these things have an outcome on the amount you are awarded for a settlement. As such, hiring an expert to testify to these issues as well can help you get a fair and reasonable award for your injuries.
If you have other questions about how an expert opinion could help your medical malpractice lawsuit, talk to a company like Orthopedic Expert Services, LLC.
Share16 January 2017
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
