MEDICAL MALPRACTICE CASE EXPERT WITNESS ISSUE RESOLVED BY NEW JERSEY APPEALS COURT. VICTIM’S LAWYER FAILED TO MAKE NECESSARY OBJECTION. SHOWS IMPORTANCE OF HIRING AN EXPERIENCED ATTORNEY.
In order to win a medical malpractice case, the victim generally must prove that the accused doctor deviated from the prevailing standard of medical care. Rarely, that deviation is so obvious that the victim is not required to hire an expert witness to explain what the deviation was. For example, if the doctor was a surgeon who was supposed to operate on the victim’s right leg, but mistakenly operated on the left one instead.
But, most of the time, the medical mistake will not be obvious to a layman. In such cases, the law requires the victim to hire another doctor as an expert witness. The expert witness will explain to the members of the medical malpractice case jury how the accused physician erred.
In addition, there are many other technical requirements medical expert witnesses must comply with. If a party to a medical malpractice case fails to comply with these requirements, his or her case may be negatively affected. Indeed, the party may lose the case, just for failure to comply with these technicalities.
Appeals Court Rules in Medical Malpractice Case.
A New Jersey medical malpractice case shows the importance of complying with all the requirements. The case was decided by an appeals court.
In the case, a trial-level judge barred the accused doctors from presenting counter-experts to rebut the victim’s expert. However, the appeals court reversed the ruling. The reason it did, at least in part, was because the victim’s lawyer didn’t raise a necessary objection. This ruling will hurt the victim’s quest to obtain compensation.
If you have a potential medical malpractice case, you must hire an experienced attorney. One who will know how to comply with all the many technicalities involved in utilizing expert witness testimony. Otherwise, your case itself may become a victim.