The Role of Expert Witnesses in Medical Malpractice Litigation
May 7, 2025
In any medical malpractice case, the role of expert witnesses is crucial. These professionals play a key part in determining whether the actions of healthcare providers fell below the accepted standard of care or in determining if negligence can be proven satisfactorily to the court.
When a patient suffers injury or death due to what they believe to be negligence, expert testimony often becomes a significant factor in either proving or disproving the allegations. As Oklahoma City medical malpractice attorneys, we know that securing the right expert witness can be the difference between success and failure in litigation of a medical malpractice case.
Oklahoma medical malpractice attorney, Justin Lowe at Justin Lowe & Associates is here to help you. If you or a loved one have been injured by the negligence of a medical professional or medical facility the medical malpractice attorneys at Justin Lowe & Associates are ready to discuss your potential case with you. Call us for a free consultation today!
What Is an Expert Witness?
An expert witness is a person who is qualified to testify on a subject based on their knowledge, experience, education, and training. In the context of medical malpractice, expert witnesses are typically medical professionals who possess the necessary credentials to evaluate whether a healthcare provider’s actions adhered to the accepted standard of care.
These experts must have extensive experience in the specific medical field relevant to the case, such as surgery, nursing, or medical diagnostics. Expert witnesses in medical malpractice cases can come from various specializations depending on the nature of the case. Sometimes a case may require experts from two or more specialties depending on the complexity of the medical malpractice.
For example, a surgical error may require an expert witness who is a surgeon with experience in the same type of procedure involved in the case, while a misdiagnosis case may require an expert in the relevant medical specialty, such as oncology or cardiology.
The Importance of Expert Witnesses in Medical Malpractice Cases
In medical malpractice cases, the plaintiff must prove that the healthcare provider's actions caused harm by breaching the standard of care. The standard of care refers to what a competent healthcare professional would have done under similar circumstances. This is where expert witnesses are most valuable.
As Oklahoma medical malpractice attorneys, we rely heavily on expert witnesses to substantiate the claims we make on behalf of our clients. Without their testimony, it would be difficult, if not impossible, to prove that a healthcare provider’s actions were negligent.
Medical malpractice cases often involve highly technical medical procedures and terminology, making expert witness testimony necessary for the court to understand what went wrong.
Expert witnesses help the jury understand the nuances of the medical issues involved and assist in presenting the evidence in a way that makes sense to those without medical knowledge. These experts offer their professional opinion on whether the healthcare provider's actions met the appropriate standard of care or if they deviated from what should have been done.
Types of Expert Witnesses in Medical Malpractice Cases
There are several types of expert witnesses involved in medical malpractice litigation. The specific expert needed depends on the facts of the case. Below, we outline the most common types of experts in these cases:
1. Medical Experts
These are the most common types of experts in medical malpractice cases. Medical experts are healthcare professionals who can speak to the standard of care and whether the medical provider involved met those standards. These experts can come from various specialties, including:
Surgeons: For cases involving surgical errors or malpractice during a procedure.
General Practitioners: For cases involving general medical care and diagnosis errors.
Specialists: For cases involving specific medical specialties, such as cardiology, neurology, or orthopedics.
These experts are often the most crucial witnesses in a medical malpractice case, as their testimony helps the jury understand whether the healthcare provider breached the standard of care.
2. Nursing Experts
In some cases, nursing professionals may be called upon as expert witnesses. Nursing experts can provide testimony regarding the nursing care provided to a patient, including issues like medication administration, patient monitoring, and post-operative care.
These experts can clarify whether the nurse’s actions met the expected standards of care, particularly in cases involving hospital negligence or improper care by nursing staff.
3. Medical Economists
In some medical malpractice cases, especially those involving long-term injuries or death, medical economists may be brought in to testify about the financial impact of the malpractice.
They can calculate the cost of medical bills, lost wages, and other economic losses resulting from the injury. These experts help establish the financial damages a plaintiff may be entitled to, which can influence the outcome of a case.
4. Forensic Pathologists
For cases involving death due to medical malpractice, forensic pathologists may be called upon to testify regarding the cause of death.
These experts are essential in determining whether a person’s death was the result of negligence by a healthcare provider. They can also offer insights into whether medical errors, such as failure to diagnose a condition, contributed to the death.
How Expert Witnesses Assist in Proving a Medical Malpractice Claim
To successfully litigate a medical malpractice case, plaintiffs must show that the defendant’s actions were negligent and that this negligence directly caused harm. Expert witnesses help in several ways:
1. Establishing the Standard of Care
One of the primary roles of expert witnesses in medical malpractice cases is to help establish the standard of care. They explain what a competent healthcare provider would have done in the same or similar situation. This is essential because the jury must understand what is considered acceptable practice in the medical community to determine if there was a breach.
2. Determining Whether a Breach Occurred
After establishing the standard of care, expert witnesses then evaluate whether the defendant healthcare provider’s actions breached that standard. For example, if a surgeon performed a procedure incorrectly, the expert witness would explain how the mistake violated the standard of care in that field.
3. Linking the Breach to the Injury
Even if an expert witness agrees that there was a breach of the standard of care, they must also testify that this breach directly caused the plaintiff’s injury. This is often the most challenging part of a medical malpractice case. In some instances, an expert may testify that the injury would have occurred regardless of the healthcare provider’s actions, thereby negating any liability.
The Qualifications of Expert Witnesses
Not all healthcare professionals are automatically qualified to serve as expert witnesses. The qualifications of an expert witness are subject to strict guidelines. In Oklahoma, as in other states, an expert witness must demonstrate relevant experience and training in the specific medical field that pertains to the case.
For example, if the case involves a surgical error, the expert witness must have specific training and experience in surgery, ideally in the same area of surgery as the defendant. If the case involves nursing care, a nurse with extensive experience in the relevant specialty would be required.
At Justin Lowe & Associates, as medical malpractice attorneys, we take great care in vetting expert witnesses to make sure they meet the standards required for court testimony. In some cases, experts may be excluded from testifying if their qualifications are deemed insufficient.
The Challenges of Using Expert Witnesses
While expert witnesses are essential in medical malpractice cases, there are challenges to using them effectively:
Cost: Expert witnesses can be expensive. The fees they charge for their time, including preparing for testimony and appearing in court, can be substantial. As a result, we carefully evaluate each expert and consider their potential contribution to the case.
Credibility: The credibility of an expert witness is critical. If the defense can cast doubt on the witness’s qualifications or findings, it can weaken the plaintiff's case. We work hard to make sure that the experts we use are well-respected in their field and can withstand scrutiny during cross-examination.
Intricacies of Testimony: Medical malpractice cases can be highly complicated, and the testimony of expert witnesses can sometimes be difficult for a jury to understand. It’s our responsibility to help simplify these concepts without losing the essence of what the expert is saying.
Expert witnesses are indispensable in medical malpractice litigation. Their testimony not only helps establish the standard of care but also assists in proving that the healthcare provider’s actions were negligent and caused harm to the patient.
Contact Us Today
If you or a loved one has been a victim of medical malpractice in Oklahoma, we strongly recommend consulting with Justin Lowe at Justin Lowe & Associates. We can help guide you through this challenging process and secure the expertise necessary for a successful claim. Serving Oklahoma, Justin Lowe & Associates, is here to help you throughout your medical malpractice case