Medical malpractice cases depend on expert witnesses. The scientific and technical information involved in medical treatment is too complex for most juries. Therefore, medical specialists are called upon to evaluate whether a provider’s care met the appropriate medical standards. Reach out to our medical malpractice attorney in Las Cruces for further legal assistance with expert witnesses.
Why Expert Witnesses Are Necessary
In New Mexico, malpractice claims require proving that a provider’s care fell below the accepted standard of care and that this failure caused your injury. Both of these elements typically require specialized medical knowledge to establish. The standard of care, in particular, varies from case to case.
An expert witness helps translate complex medical concepts into terms a judge or jury can understand and evaluate.
Expert witnesses in a malpractice case generally testify to:
- What the accepted standard of care required given the specific circumstances of your treatment
- How the defendant’s actions, or failure to act, deviated from that standard
- Whether that deviation directly caused your injury, as opposed to an unrelated condition or a known risk of treatment
These experts can also testify as to the nature and extent of the damages resulting from the malpractice.
Who Qualifies as an Expert Witness
Courts generally require that a malpractice expert practice in the same specialty as the defendant, or a substantially similar one. A general practitioner, for example, typically can’t offer expert testimony about whether a neurosurgeon’s technique met the appropriate standard of care. This requirement ensures that the testimony offered reflects the standards applicable to the type of care at issue.
Experts are usually retained separately by both sides. Your attorney will typically work with an expert who supports your position, while the defense retains its own expert to argue the provider’s care was appropriate. Much of a malpractice trial often comes down to which side’s expert the judge or jury finds more credible.
How Experts Are Involved Throughout the Case
Expert involvement in a malpractice case isn’t limited to trial testimony. Experts are often involved from the earliest stages, including:
- Initial case review, where an expert evaluates your medical records to determine whether your claim has a legitimate basis before your attorney moves forward
- Pre-suit Medical Review Commission hearing, where an expert can provide testimony to a review showing your claim has merit and should be allowed to move forward to a lawsuit.
- Depositions, where experts are questioned under oath by opposing counsel well before trial
- Settlement negotiations, where a strong expert opinion can pressure the opposing side to offer fair compensation without proceeding to trial
- Trial testimony, where the expert presents their findings directly to a judge or jury.
Not every qualified expert makes an effective witness. A strong expert needs to communicate complex medical concepts clearly and withstand rigorous cross-examination without undermining their credibility.
Experienced malpractice attorneys typically maintain relationships with a network of credible experts across various specialties, allowing them to identify the right fit for your specific case. If you are considering pursuing a medical malpractice claim, Coates and Johnson can help identify the right expert to support your case. Call us today for a free consultation.