When dealing with a medical malpractice case, you need to get the right medical malpractice experts witness. A medical expert witness helps validate the claims in a malpractice case. But how can you find a credible medical expert witness? Here are some tips to guide you.
1. Clinical Experience
An ideal expert witness must have a good track record and a lot of experience testifying in cases related to medical malpractice. A considerable amount of experience will enable the expert witness to credibly and confidently provide his opinion on the defendant’s actions. A good expert witness should have an experience of at least 10 years working in the same field as the defendant.
2. Pass a Conflict Check
Many people choose expert witnesses without considering whether the person has a conflict of interests. Existing conflict of interests can undermine the credibility of the expert’s testimony and disqualify him from the service altogether. Make sure the person you choose does not show any signs of having a conflict of interests. If a conflict of interests exists, determine whether you will ignore it or hire a new witness. In most cases, it is good to hire a new witness.
3. Academic Appointments
It is important to consider whether the expert witness has been given any academic appointments. In Canada, people who teach in medical schools are considered top performers and are granted a lot respect and recognition. If the person you have in mind is teaching in a recognized university in the country, you can consider him as an expert witness.
4. Board Certification in the Same Field as the Defendant
The expert witness should testify about what the negligent doctor should have done under the same conditions. This way, the expert witness can easily explain why the act of the defendant could not meet the set standards. An expert witness cannot convince the judges if he does not have a medical certification showing his expertise knowledge in the same field as the defendant.
5. Currently Practicing Professional
Technology change as fast as the accepted medical practices. Due to these changes, it is not advisable to have a retired medical expert as your witness. Only an expert who is currently practicing can thrive amidst these constant changes. Such a person can speak credibly about the negligence of the defendant and pinpoint areas where he made mistakes. If you choose a retired medical expert, it might be difficult for him to answer questions accurately due to lack of exposure and knowledge of the current medial practices. A practicing doctor will easily explain what the defendant would have done based on the current standards of practice.
A medical expert witness can be difficult to get, especially in highly remote areas. It is important you start your search earlier before the case proceeds to trial. For additional resources, visit the JD.MD, Inc. website.