Medical malpractice is a uniquely complex category of personal injury law, requiring both medical and legal knowledge for a compelling claim. One of the most important resources an experienced Chicago medical malpractice attorney possesses is access to renowned medical expert witnesses.
There are several reasons that medical expert witnesses are crucial to a successful claim.
Illinois is one of about half of U.S. states that require a medical malpractice claimant to first obtain a certificate of merit, or an affidavit of merit, from a medical professional familiar with the relevant medical field. When the claimant or their attorney files the lawsuit petition in court, it must include a certificate of merit, or the court will refuse the case.
To obtain the required certificate of merit, a medical expert reviews the malpractice victim’s medical records from the facility where the malpractice occurred and any other evidence gathered, such as a medical report from another provider after the malpractice. After carefully reviewing the evidence, the medical expert signs the affidavit saying the case has merit, so the court allows it to move forward.
Attorneys, insurance adjusters, juries, and judges are not doctors, which can make it difficult for them to fully understand the detailed medical aspects of a malpractice claim. A medical expert witness interprets the data of the case and presents it in understandable language to the attorney and the insurance adjuster, as well as in court if a case isn’t resolved with a settlement from the malpractice insurer and requires court litigation.
Medical expert witnesses are typically board-certified physicians with advanced medical degrees, many years of clinical experience in their fields, and publications in medical journals. They may also be educators who are well-versed in explaining the medical details of a case in a way that a jury can understand.
A medical expert witness is also a strong ally in proving the most important aspect of medical malpractice: that the doctor failed to uphold their legal duty of care to their patient. A doctor or other medical provider owes a legal duty of care to treat the patient at the medical community’s accepted standard of care.
A medical expert witness can interpret the data presented to show that the subject of the lawsuit deviated from the required care standard and failed to act the way a reasonable medical professional would have under the same circumstances.
Medical expert witnesses are also essential in medical malpractice cases and all personal injury claims because they help to calculate the victim’s total damages from the injury. A medical expert witness explains the level of pain associated with the injury, the timeframe for which the injury victim can expect to endure the pain before reaching maximum medical improvement, and the injury’s impact on the victim’s earning capacity and ability to accomplish routine daily tasks.
This is a crucial aspect of proving the full scope of damages the injury victim sustains from the medical malpractice injury or worsened medical outcome.
Access to well-respected medical expert witnesses is one of the most important prerequisites for an exceptional personal injury attorney in Chicago or elsewhere in Illinois.
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