One of the requirements in every medical malpractice case is testimony from a comparably trained doctor in the same field as the individual being sued. Medical malpractice is different from other cases in that a jury of your peers-that is, ordinary people-would not necessarily understand the best practices presented in a case of medical malpractice.
Imagine a court case involving a traffic accident. Ordinary people understand traffic laws, because they drive in traffic every day. They have to understand them to get from place to place safely. But if you have a case of medical malpractice where a doctor did something that no good doctor would do, how could you explain that to people who don’t examine patients, prescribe treatments, or perform surgery every day?
That’s where expert testimony comes in. Instead of having to describe medical science that guides patient treatment, attorneys can bring in a doctor in that field and shown him or her the evidence in the case. Then, that doctor can offer their opinion on what a comparably trained doctor in that specialty should have done in that case, what the outcome should have been, and offer a reason as to why the patient in question did not experience that outcome. If it was because the doctor did not act in a way that is consistent with good medical practice, the expert witness can tell the jury that conclusively.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-521-4636.