Medical experts are often necessary to the success of a medical malpractice claims. In order to establish liability in a medical malpractice lawsuit, the plaintiff must prove the following:
- the defendant had a duty to provide the appropriate medical care;
- the defendant failed to provide the appropriate medical care; and
- the defendant’s deviation from the appropriate standard of care caused the child to sustain injuries or damages.
Because medical malpractice lawsuits involve a great deal of highly technical medical information, as well as legal analysis and assessment, it is important to have a medical expert who can help put this information in context for the judge or jury. In other words, a medical expert is often necessary to answer two key questions with respect to the plaintiff’s claim, namely:
- Did the health care provider meet the standard of care?
- Did the health care provider’s failure to meet the standard of care cause the plaintiff’s injuries?
In order to provide information regarding the first question, the medical expert will give information about the treatment that a competent doctor would have provided in a similar situation and give his or her opinion about whether the defendant met that standard of care or not. Since there are no absolute rules about the standard of care in a specific situation, medical experts often rely on medical publications, medical board guidelines, and previous experience when providing his or her opinion. With respect to the second question, a medical expert can provide information about whether the health care provider’s failure to meet the appropriate standard of care resulted in injuries to the patient. Since a patient’s injuries can be caused by medical negligence, as well as factors that are out of the health care provider’s control, the medical expert will explain how likely it is that the health care provider’s actions or inactions were the specific cause of the patient’s injuries. Without adequate evidence to prove liability, the claim will not survive. Accordingly, medical experts often play a big role in any medical malpractice cases and a jury is required to consider the medical expert’s opinion along with the rest of the evidence provided. Pursuing a medical malpractice lawsuit can be confusing and stressful, but a medical malpractice lawyer can help you navigate the legal system and protect your rights. The Chicago medical malpractice lawyers at Steinberg, Goodman & Kalish are committed to helping injured patients obtain financial recovery for their injuries. We will guide you the entire process, including finding the appropriate and necessary medical experts for your case. If you or a loved one were the victim of medical malpractice, contact our office at (888) 325-7299 schedule a free consultation to discuss a possible medical malpractice claim. Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (888) 325-7299 or (312) 445-9084.