Medical malpractice claims are extremely technical. In most California
medical negligence cases, we will retain a medical expert to review your
case and testify at trial, if needed. Because malpractice cases often
involve complex medical information and terminology, experts are needed
to help explain what happened and establish that the doctor’s conduct
was indeed negligent.
Specifically, the courts have come to recognize experts with experience,
training and an understanding of the level of care associated with a particular
medical procedure as being able to attest to or gauge the standard of
care provided and whether any deviation caused the plaintiff’s injuries.
Therefore, in most cases, medical experts will provide testimony in those
two areas, both of which are key to the success of a medical malpractice case.
Did the physician adhere to the appropriate standard of care?
The medical expert will testify about what a competent doctor would have
done if he or she were in the shoes of the defendant doctor. The expert
will then provide his or her opinion regarding whether the defendant doctor
satisfied that standard or care. The expert will likely rely on a number
of outside sources, such as medical publications or medical board guidelines,
to support his or her opinion regarding the standard of care.
Did the defendant’s negligent conduct injure the patient?
An expert must also testify about whether any deviation from the requisite
standard of care harmed the patient. Doctors, of course, will argue that
a number of factors may have contributed to the bad outcome, not their
own failures. Accordingly, the expert is required to explain how likely
it was that the physician's incompetence directly contributed to the harm.
Medical malpractice suits can be complex. At the Law Offices of Robert
Vaage, we have the resources, including well-respected medical experts,
to fully investigate every aspect of your case in order to prove that
malpractice has occurred.
If you or someone you care about has suffered serious harm due to a medical
error, you may be entitled to compensation, including pain and suffering
damages and reimbursement of medical expenses. To discuss your legal rights, please
a San Diego medical malpractice lawyer at the Law Offices of Robert Vaage
for a free consultation.