In general, medical malpractice occurs when a medical provider breaches the standard of care applicable under the circumstances and the breach leads to provable harm. The standard of care is generally defined as what a reasonably competent medical provider would do/not do under the circumstances. Establishing the standard of care usually requires expert testimony by a similarly educated, experienced, trained, and qualified medical professional unless the issues involved are such that a jury can understand based on their common experiences what was expected of the medical provider, how the medical provider failed to do or not do what was required under the circumstances, and how the alleged injuries were caused by the alleged medical negligence.
While it arguably may appear to most people that a medical provider negligently caused injury to a patient under some circumstances, it is amazing how medical providers can find “experts” who will testify that what the medical provider did or did not do was reasonable under the circumstances, or that the medical provider’s action or inaction was not the cause of harm that the patient claims to have suffered. It is not uncommon for multiple experts to be called to testify for the parties during a medical malpractice trial, and that the experts’ opinions are wildly different and opposing. Therefore, it is often up to the jury to determine whom to believe and the extent to which the experts’ testimony will be accepted or given the appropriate weight during deliberations.
Medical malpractice lawyers seek experts with prior experience testifying in similar medical malpractice cases whom they believe will make the best appearance in front of the jury as well as experts who possess qualifications and a demeanor that should impress the jury. Because the medical malpractice laws of the various U.S. states differ as to what qualifications an expert must have in order to be qualified to testify on behalf of a medical malpractice victim, a medical expert may not be allowed to testify in one state but may be allowed to testify in an adjacent state – some state laws require experts to be in the same geographic area as the trial location even if an expert outside of the area is more experienced and competent with regard to the medical issues involved in the medical malpractice case. For instance, in Tennessee, the law provides: “No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person’s expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available.”
The bottom line is that it is imperative that you promptly consult with a local experienced and competent medical malpractice lawyer regarding your potential medical malpractice claim so that you do not inadvertently do something, or fail to do something, that compromises your claim.
If you or a loved one were injured (or worse) as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Visit our website or call us on our toll-free number in the United States (800-295-3959) to find medical malpractice attorneys in your state who may help you.
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