The Role of Expert Witnesses in Medical Malpractice Cases

Over thirty years ago, I was a critical care nurse at a local hospital when a medical malpractice attorney in the area contacted me. He had a case that dealt with the ER at another hospital and needed help understanding his client’s medical records. A doctor in my ER had recently make a negligent error that harmed their patient, then blamed it on the nurse instead. I had been so disgusted by the situation and the hospital’s handling of it, so frustrated by the doctor’s negligence and then their refusal to accept responsibility for it. I felt horribly for both the patient and the nurse, and saw no way for me to help either of them, so I agreed to help the attorney.

At first, I came in a few hours a week to look over records and explain them to the attorney and his team. I explained how ERs run, why they’re different from other departments in the hospital, and what the client’s specific injuries would mean for their long-term health and wellbeing. I discovered that I was good at explaining these things to people who worked outside of the medical field, but I was also good to picking out places where the records suggested something wasn’t right. I could explain what the standard of care for the patient should have been, and why the care they did receive lead to the harm they had suffered. I felt so satisfied when I learned the case had been settled out of court to the satisfaction of both the client and the attorney.

Almost right away, the attorney asked me to consult on other cases. We quickly learned that I have a nose for suspicious medical records. I can peer right through the medical jargon and attempts by medical professionals to cover their tracks and identify the exact moments when medical malpractice occurred, and I could explain how. This ability, the attorney told me at one point, was a rare skill. After working on a number of cases together and even testifying as an expert witness in court, he encouraged me to go to law school to become a medical malpractice attorney myself. I did, and nearly thirty years later I’m still nosing through medical records, seeing through the lies and cover ups, and holding negligent medical professionals accountable for the harm they do to their patients.

Now that I’m a medical malpractice attorney myself, I know how invaluable expert witnesses are in these cases. Professionals who specialize in an area that is critical to understanding a legal case, expert witnesses go on legal record to explain the technical aspects of the case at hand.

They are hired by an attorney, either prosecuting or defense, and paid for their time. Like all witnesses, they write their testimony regarding the case, which is submitted to the court. If the case goes to trial, they can be called before the judge or jury to answer questions about their testimony, to explain to the court the technical situation, terms, and evidence. All witnesses are there to tell their part of the client’s story, and expert witnesses often hold the entire narrative together.

In medical malpractice cases, where a patient was harmed because of the negligent action or inaction of a medical professional or institution, expert witnesses help the court understand what occurred and why. They connect the technical information that most people don’t understand, including judges and jury members, to what ta regular person does know and can understand. Medical expert witnesses explain operations, procedures, standard of care, x-rays, CT scans, and other medical-specific information that is relevant to the case. They explain both what should happen when a reasonable standard of care is being met, and what failures occurred in the client’s situation. They help us attorneys prove that what happened was the result of negligence, and that the negligence resulted in the harm the patient endured. This is a critical step in proving that medical malpractice occurred.

Sometimes an expert witness only needs to submit their testimony and a case is settled without ever going to trial. At other times, they need to give testimony in front of a grand jury, during a hearing with a judge, or during a trial. Sometimes people hear that expert witnesses are paid and believe that means they’ll say whatever the attorney wants, but that isn’t true. Expert witnesses are held to the same oaths regarding honesty as all other witnesses. Also, both sides of a case have the right to question the witnesses during a trial. An expert witness knows something the jury and/or judge needs to know about the case, and that’s why they’re involved in the case. They’re only paid for the time they took away from their specialized area of expertise to provide assistance to the attorney and to the court. This is usually an hourly rate.

As I first learned as a consultant, then as an expert witness, and now know very well as an attorney, medical malpractices cases are about compensating patients for the harm done to them, but they are also about holding negligent medical professionals and institutions accountable. Harmful clinic policies stay in place until they are legally challenged. Negligent surgeons continue to hurt patients until someone steps up to hold that doctor legally accountable. Many times it’s the patient themselves, but sometimes it’s a grieving family member of a patient who died because of the malpractice. With my medical background and my personal experience as a critical care nurse, I’m very passionate and very careful to make sure we’re seeking justice while holding the right person or people accountable. My clients are heroes to me for having the courage to pursue their cases and hold medical professionals responsible. What they do protects future patients and makes the medical field safer for everyone, and I’m honored to help make that happen.

If you believe you’ve experienced medical malpractice within the last two years, give my office a call. I’d love to sit down with you for a free consultation to hear your story and talk through your legal options. Gather up your documentation, medical records, and related bills, and bring them to our appointment. Even if you don’t have a legal case, I’d love to use my medical experience to help you understand what happened to you.