Things You Should Know Before Considering A Medical Malpractice Case

If you want your medical malpractice suit to be taken seriously in a Canadian court, you will need to include the testimony of a medical malpractice expert witness. The facts that you present to the court will almost always be far too complex and involved for a non-medical expert to determine whether your attending physician really should be held liable for malpractice. Engaging a medical malpractice expert witness as a part of your legal strategy is the best way to prove to the court that your claims are fully legitimate.

Why You Need To Have A Malpractice Witness At Your Hearing

If you do not have a Medical malpractice expert witness at your hearing, the judge may simply dismiss the case or render an unfavorable decision based on lack of solid evidence. You’ll need to have an expert malpractice witness explain the facts of the case and render the details of the malpractice in easy to understand terms. The jury is not required to render their verdict on the basis of this opinion, but having an expert witness will certainly give you a needed extra layer of solid credibility.

What Kind Of Testimony Will An Expert Malpractice Witness Give?

A medical malpractice witness will give testimony at your trial regarding at least two very significant matters. These matters are:

  • The standard of care that you received from your attending physician.
  • Whether or not the malpractice that occurred definitely resulted in an injury.

Was The Standard Of Care You Received Insufficient?

Your medical malpractice witness will give their expert opinion to the court regarding what a competent, fully attentive physician should have done under the same circumstances. They will then give their objective opinion concerning whether the expected standard of care was lived up to. To bolster their opinion, they may make use of medical journals, medical board guidelines, and additional testimony from other doctors or medical experts.

Did The Actions Of Your Physician Lead To Malpractice?

The next step will be for your medical malpractice witness to give their testimony concerning whether or not they believe that the actions of your physician definitely led to your injury. It’s important to remember that any number of factors could have contributed to your injury, with medical malpractice being far from the only possible culprit.

This is where the professional opinion of your malpractice expert is crucial to the success of your case: The expert needs convince the judge and jury that the incompetence, oversight, or negligence of your doctor led directly to malpractice that caused your injuries. If the expert witness can convince the jury, your case is basically won.

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