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April 17, 2018 by BPI Law

Using an Expert Witness to Support Your Medical Malpractice Claim

According to leading medical journals, medical errors may now be the third leading cause of death in the United States today.  As a result, the number of medical malpractice claims has increased as well. A medical malpractice attorney will be an important factor in proving that medical professionals were negligent in the healthcare or treatment you received. In addition to this, one of the most important ways of proving your claim will be with the testimony of an expert witness. Medical malpractice is when a patient suffers due to a medical professional (doctor, nurse, etc.) failing to upholding their duty of care. Being able to prove this is vital to a successful medical malpractice claim. The standard of care is the duty that a medical professional has to provide a patient with reasonable care that reflects the practices of physicians as a whole. The most common types of medical malpractice are anesthesia errors, childbirth complications, medication errors, and misdiagnosis. These are very unfortunate malpractices, and the compensation settlements for these are usually very high. In the event you or a loved one feels that you were a victim, do not hesitate to contact a lawyer, medical malpractice attorney, to ensure that your case is taken well care of.

Medical expert witnesses are an important part to a medical malpractice claim because they can provide more than just testimony. With their expertise, they will be able to go over the medical details of the case and provide advice to an attorney prior to filing a lawsuit. An expert witness may also be able to provide testimony in court regarding whether or not the medical professional upheld the medical standards of care. They will also provide information regarding how the patient was impacted by injury and how it will affect them long term. A medical expert witness can be a surgeon, physician, nurse, or typically anyone trained in the medical field. A medical malpractice attorney will be an important factor in identifying an expert witness for your case. In most situations, attorneys already have witnesses that they work with regularly. This can be helpful, as your attorney will already have personal experience regarding the quality of work that they provide. Expert witnesses are usually paid by the hour. Depending on the strength of your case, your attorney may cover the expense of their services until the award has been received. The fee for an expert witness will be included in the portion of the award that your attorney is entitled to. Expert witnesses usually charge an hourly fee that is contingent upon their credentials and can range anywhere from $250-$500 per hour. In addition to this, it is common for an expert witness to also charge a fee in order to retain their services.

Contact an Attorney

If you were injured due to a doctor’s negligence, you may be able to file a medical malpractice lawsuit. An attorney will be able to determine if filing a claim will be an appropriate next step. They will be able to help find a qualified expert witness to support your case through discovery and possibly court.

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