Do I Need an Expert Witness for a Medical Malpractice Lawsuit?
Medical malpractice occurs when a medical professional fails to uphold the proper standard of care when diagnosing or treating your illness or injury. This often leads to further injury, or even death. You may be eligible to receive compensation for your injuries; however, it necessitates the testimony of an expert witness for a medical malpractice lawsuit to be successful.
How do I prove standard of care?
Proving standard of care and the breach of this standard is pivotal in a medical malpractice suit. These standards are similar to protocols, outlining how medical professionals diagnose and treat patients with specific conditions. They vary somewhat by region, and may vary drastically based on the patient’s health.
To win a Georgia medical malpractice suit, you need to have proof that your doctor violated the standard of care, and that this caused your injury. The vast majority of medical malpractice cases require testimony an expert witness in order to establish standard of care and to demonstrate the violation of the standard.
Note: In Georgia, the courts dismiss many lawsuits filed without a malpractice affidavit identifying the expert witness.
What qualifications must an expert witness meet?
In order to qualify as an expert witness in a medical malpractice case, Georgia law requires doctors and other practitioners to meet stringent standards. These include:
- Being licensed at the time of the incident, by the same regulatory agency as the defendant
- Practicing or teaching in the specialty or practice area during at least three of the last five years
- Having regular experience performing the procedure, making the diagnosis, or giving the treatment in question
What will an expert witness testify about in my case?
Plaintiffs most often employ expert witnesses to demonstrate the typical standard of care expected from a practitioner, and describe how the doctor breached this standard and caused the plaintiff’s injuries. In some cases, expert witnesses help establish grounds for pain and suffering and other noneconomic losses.
How can Brauns Law, PC help?
The medical malpractice attorneys at Brauns Law, PC work with victims of medical malpractice in the Atlanta area. We have connections with many expert witnesses, and regularly employ them to assist in Georgia medical malpractice cases. Contact us today at 404-348-0889 to learn more.