One of the most important aspects of a medical malpractice case may be having an expert medical witness. According to the National Library of Medicine, it is becoming “increasingly important and common” for medical professionals to be involved in these cases, as they provide opinions based on their experience and the evidence of the case.
After all, medical malpractice doesn’t just mean there was an adverse outcome. It means that the patient did not get the level of care that they should have expected, perhaps because their physician was negligent or made a mistake. Another medical professional, who is not biased or involved in the case, can testify about what should have been done, what the accepted standard of care is and if this negligence or mistake contributed to the negative outcome. In this sense, their testimony can be crucial.
Is this failure legal malpractice?
If you lost a medical malpractice case, it could be because your legal team did not get an expert witness. Perhaps they simply neglected to take this step, or maybe they felt that they already had the evidence necessary to win the case without employing a medical expert.
But if you lost the case because you did not have the right testimony, which you know would have shown that you were correct about the medical malpractice, then you may be worried that you are now experiencing legal malpractice. Your legal team had an obligation to provide you with adequate services, but they failed to do so. If that is the reason that you lost your case, there could be significant financial harm. Make sure you know exactly what steps to take next.