In a medical malpractice trial, it is customary for one or both of the parties to have an expert witness. Expert witnesses explain medical jargon to the court and jury. Medical malpractice occurs in cases of negligence when a doctor deviates from the normal standards of care, which often results in injury or illness. Expert witnesses can help confirm or deny if the doctor committed medical malpractice.
In one case, which recently reported in the New York Law Journal, a man had a shoulder operation. For some reason, something was not quite right, so he decided to get a second opinion. From this, the injured man told the court that his original doctor had deviated from the normal standard of care. The expert witness for the defendant, the doctor who allegedly committed medical malpractice, told the court that was not so. The expert witness said that the surgery was conducted properly.
The judge granted the defendantâ€™s request for summary judgment against the allegation of medical malpractice because it seemed that the doctor did not commit malpractice. Essentially, the injured patient did not go far enough in proving his position. Without an expert witness to prove the contrary, the doctor had enough unquestionable evidence that the doctor had not strayed from the normal standards of the profession. Further legal analysis shows that the injured manâ€™s argument was a â€œres ipsa loquitor fact pattern.â€ That means that, according to the Cornell Legal Information Institute, to make his case, he was relying on the fact that he could prove that the (i) doctor caused the damage, the doctor was (ii) negligent and that there were (iii) no other ways the damage could have occurred. The judge noted that the injured man was unable to prove the second part of his argument was not required to prove the third part anyway.
If you have been injured at the hands of a doctor or other medical professional, then you may be entitled to a settlement to compensate for lost time at work, medical bills and pain and suffering all past, current and future. A skilled attorney that understands the law and the courtroom can help you recover a settlement. Jayson Lutzky has represented clients in accident, personal injury and medical malpractice for the past 30 years in New York State. He offers free initial in office consultations. If you have sustained a serious injury, then we can visit you in your home or your hospital. Call 718-514-6619 or 800-660-5299 to set up an appointment with Mr. Lutzky or visit www.MyNewYorkCityLawyer.com for more information.