Why Choose Malpractice Attorneys with Established Access to Medical Experts

The success of most medical malpractice claims hinges on the testimony of expert medical professionals.

However, access to suitably qualified medical specialists is at a premium. This makes it vital to choose malpractice attorneys with a strong database of medical experts.

The role of expert medical testimony in medical malpractice claims

Medical malpractice claims are incredibly complicated. In most cases, a judge must decide whether a medical professional’s actions, or omissions, fall within the accepted standards of care as defined by the medical profession itself.

A judge is not a medical expert. He or she can’t make a ruling without expert medical testimony.

The expert’s role is to explain complex medical terminology to a judge and to provide a clinical assessment of actions that led to the claim.

This expert testimony can show that a medical professional failed to meet the established standards of care and how this led to a plaintiff’s injuries, proving that negligence or medical malpractice occurred.

Limited availability of top medical specialists

To prove a claim, the testimony of top medical specialists is needed. If, for example, the claim is against an obstetrician following a birth, an experienced obstetrician is needed as an expert witness to explain where the birth failed to follow accepted standards of care.

Top medical experts are in limited supply, both in numbers and availability. Doctors are incredibly busy practicing medicine.

Many doctors have waiting lists that are months long, so it isn’t easy finding a doctor willing to take time out of a full schedule to offer expert testimony.

Without top medical specialists, it could be impossible to prove a case. For a claim to be successful, a plaintiff must choose malpractice attorneys with established access to medical experts.

Extreme competition for the ‘best’ experts

The “best” experts contribute to the success of a claim, but it’s challenging for attorneys or their clients to secure access to these individuals for many reasons.

Small numbers of leading experts in particular fields

Some medical fields are incredibly specialist. There are only a few leading experts.

These experts may be neither available nor willing to give expert testimony. The experts who are willing to give their time are in huge demand.

Fully booked schedules, for months or even years

It typically takes several years for a medical malpractice claim to be resolved. This means medical experts must be available to give testimony on numerous occasions over a lengthy period.

The best medical professionals, and those willing to give expert testimony, have fully booked schedules for months, even years. Making themselves available to give testimony is an enormous commitment.

Difficulty of matching available court dates to specialists’ availability

Securing court dates is extremely time-consuming. It’s hard to predict when dates will be scheduled.

Matching available court dates with a specialist doctor’s availability is hard. Also, court dates are frequently rescheduled at short notice.

A preference for testimony from practicing rather than academic specialists

The best medical experts are those who are practicing rather than academic specialists. Practicing medical professionals can provide actual context rather than just theory.

A practicing doctor, for example, can describe in detail the practices performed during a particular procedure. This can help demonstrate how a particular doctor deviated from accepted practices and standards of care.

Hesitance to participate in legal cases

There are a number of reasons why doctors are hesitant to participate in legal cases. One of the most relevant is that it means testifying against your peers.

Worldwide, and here in South Africa, doctors are reluctant to offer expert testimony against each other. It can lead to being professionally ostracised, to being on the edge of a “fraternity”.

There’s also the risk of legal or disciplinary sanctions against the medical expert as a result of his or her testimony. This makes specialist doctors vulnerable to litigation themselves.

Why choose malpractice attorneys with large, established medical malpractice departments

The success of your claim can literally depend on the testimony of medical experts. A medical expert may provide critical information before or during the trial.

It’s important for the attorney hiring the expert to understand the law and the role of the medical expert. Therefore, it’s essential that you choose a malpractice attorney with a large, established medical malpractice department.

It can make all the difference to the outcome of your claim if you have a specialist attorney who – through familiarity with leading medical experts, their availability and their contributions to other cases – knows who to call.