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Indiana imposes strict requirements on medical malpractice lawsuits, and you need the strongest evidence possible to support your claim. Expert witness testimony can be a powerful component of a robust medical malpractice claim because it carries the weight of specialized knowledge.
If you’ve suffered an injury due to medical negligence in Indiana, a skilled medical malpractice lawyer can help you pursue compensation. Contact the Law Office of Kelley J. Johnson for your free consultation.
Requirements to Be an Expert Witness
Expert witnesses are key in medical malpractice claims because they can assess whether the defendant’s negligence caused the patient’s injuries. Medical experts must have the knowledge and experience required to make an accurate assessment under the circumstances.
According to Rule 702 of the Indiana Rules of Evidence, expert witnesses in medical malpractice cases must be qualified by “knowledge, skill, experience, training, or education.” They can only testify if their opinion will help the court determine the facts of the case or better understand the evidence. The court will only admit the testimony of an expert witness in legal proceedings if convinced that the expert’s testimony is reliable and scientific.
An expert witness’s primary task is to use their specialized knowledge to assess whether medical negligence occurred. Medical negligence means that the defendant failed to adhere to the medical standard of care and this failure was the cause of the patient’s injury. Expert witnesses must provide neutral and objective assessments.
Many different medical professionals serve as expert witnesses, including:
- Obstetricians
- Gynecologists
- Emergency physicians
- Pediatricians
- Surgeons
- Neurologists
- Ophthalmologists
- Cardiologists
- Radiologists
- Nurses
- Pharmacists
Medical malpractice experts provide testimony based on the standard of care in their medical specialty. The medical malpractice expert should work in the same field and have a similar professional background so they can testify about whether the defendant’s actions deviated from the standard of care and what they would have done under similar circumstances. For instance, a radiologist would assess the case based on the standard of care for radiology, and a neurologist would base their assessment on the accepted standard of care for neurology.
Filing a Complaint with the Indiana Department of Insurance and the Medical Review Panel
Before filing a medical malpractice claim in Indiana, you must submit your proposed claim to the Indiana Department of Insurance. A medical review panel will assess the alleged malpractice case. According to the Indiana Medical Malpractice Act, this panel must consist of three physicians. If there is one defendant in the case, two of these physicians must have the same medical specialty as the defendant. If there is more than one defendant, the physicians should have an appropriate mix of relevant specialties.
The medical review panel will report their opinion about the claim. Their conclusion may be positive or negative. A positive opinion means they agree there was a deviation from the standard of care. A negative opinion means they disagree and don’t consider this a medical malpractice case.
Even if the medical review panel finds against your claim, you can still file a medical malpractice lawsuit in Indiana. However, the medical review panel’s opinion is admissible in court, and the panel members can serve as medical expert witnesses. If the medical expert’s opinion is negative, you will need an expert witness to contradict their testimony. If the panel gives a positive opinion about your claim, your attorney may ask the panel members to serve as expert witnesses.
How Can a Medical Expert Witness Help Your Case
A medical expert witness can play a crucial role in your case. Experts in the medical field can strengthen your case by providing evidence that the defendant’s actions amounted to medical negligence and caused your injuries.
Medical expert testimony may include the following:
- Review of medical records
- Explanation of complex medical concepts
- Assessment of the defendant’s actions relative to the standard of care
- Assessment of whether the defendant’s actions caused the plaintiff’s injuries
Here are some ways a medical expert witness can help your case:
Explain the Standard of Care
The standard of care is the level of care, skill, and prudence a medical professional in a given specialty shows under the same or similar circumstances. For example, a surgeon is expected to follow standard protocols to ensure they don’t operate on the wrong body part. A cardiologist should know the symptoms of a heart attack and take appropriate measures to help the patient.
Explain the Deviation from the Standard of Care
To deviate from the standard of care means to fail to act with the care, skill, and prudence expected of a competent doctor. For example, if a surgeon doesn’t follow the protocols designed to prevent them from operating on the wrong part of the body, they have deviated from the standard of care. A medical expert witness can provide their view of whether a medical professional deviated from the standard of care and caused the plaintiff’s injury.
Reaching this conclusion often involves complex medical information. The expert witness may need to interpret medical records and review other evidence to determine what other similar healthcare professionals would have done under same or similar circumstances. Experienced medical malpractice lawyers are accustomed to handling cases involving complex medical issues and have a network of experts to help support their clients’ cases.
Discuss Your Damages
When a medical professional fails to meet the standard of care and injures a patient, that patient can sue for damages (compensation). If you were injured because of medical malpractice in Indiana, you may be able to claim damages for:
- Medical expenses
- Lost wages and income
- Pain and suffering
In Indiana, the physician is responsible for $500,000 in damages, and the Indiana Patient’s Compensation Fund is responsible for up to $1.8 million. Your total damages are capped at $1.8 million. Our legal team can help fight for appropriate compensation for your claim.
Contradict the Defense’s Expert
The defendant will likely have an expert witness of their own, so one key task of your expert witness is to contradict theirs. Your expert witness must present a credible argument that the defendant caused your injury by deviating from the standard of care.
Contact a Medical Malpractice Attorney from the Law Office of Kelley J. Johnson
The Law Office of Kelley J. Johnson focuses solely on medical negligence cases. We have extensive experience with the Indiana Patient’s Compensation Fund and with medical malpractice cases much like yours. We work with expert witnesses in a variety of specialty areas, and we know what it takes to win medical malpractice litigation. We can help secure the medical expert testimony needed for your case.
We believe you shouldn’t have to pay out of pocket to seek justice for your medical malpractice claim. That’s why we don’t charge anything unless we collect compensation for you. Contact the Law Office of Kelley J. Johnson immediately for your free consultation and case review.
