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Medical Malpractice Case: How Witness Testimony Is Used

[fa icon="calendar"] Mar 7, 2017 11:39:09 AM / by Robert Yaniz Jr.   

Robert Yaniz Jr.

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Whenever you suspect you may have a legitimate case of medical malpractice on your hands, the first thing anyone who has suffered a recent spinal cord injury must do is obtain the requisite legal assistance. Indeed, a spinal cord injury lawyer can often serve as a major contributing factor in a patient’s chances of recovery.

Additionally, one way in which an experienced attorney can help is to provide access to expert witnesses. These testimonies can prove to be instrumental in shaping your case. Let’s delve a bit deeper into what witness testimony entails and why it’s so important.

What Is Witness Testimony?

In the broadest sense of the term, witness testimony simply involves anyone who provides their opinion or personal account as evidence during a legal action. For instance, if your spinal cord injury is the result of a fall, perhaps someone saw your fall occur and can vouch for the circumstances surrounding it.

They may even be able to corroborate your claims regarding the cause of injury. Such support can make a huge difference in perpetuating your case further, lending it additional credence that extends beyond your own claims.

However, in many cases, witness testimony actually pertains more to expert witnesses than simply individuals who were present at the time of your incident. An expert witness is commonly defined as one who has demonstrated skill and/or knowledge in a specific area relevant to the case at hand. For spinal cord injuries, these can include medical professionals who can lend validity to the connection between your condition and the fault of the defendant you hold responsible for causing it.

The Role They Play

So now that we’ve touched base on exactly what an expert witness is, let’s move on to how they are used in a medical malpractice case. In every such case, the question is whether a healthcare professional or organization is liable for the serious and potentially permanent injuries and/or economic damages a patient has endured as a result of negligent care that falls below the agreed-upon standard for the medical community.

The connection between a professional’s liability and the patient’s damages then is the fulcrum on which a decision rests. You and your attorney must prove the proximate cause that medical negligence led to your condition.

This is where expert witnesses enter the fray. Your attorney will often call on a variety of experts in a number of medical specialties to provide their opinions regarding -- whether the defendant acted outside the bounds of his or her practice (or failed to act), if the injuries you’ve incurred are serious enough to warrant legal action and, lastly, the connection between the two that proves causality.

If these expert witnesses endorse your claims as true, oftentimes this can be a pivotal addition to your medical malpractice case and serve as the boost you need to win the case and secure the victory you needed to achieve restitution.

Consider Your Attorney

As alluded to above, your attorney is the best resource you have to gain access to that witness testimony that can help to clinch your victory in court. Part of the necessity in finding the right spinal cord injury lawyer to take on your case is that he or she will have cultivated connections within the medical community that possess the clout and specialty to serve as regular expert witnesses on cases just like yours.

Because your attorney has been working in this particular specialization for so long, you will already be ahead of the game simply when you do identify that attorney whose demeanor, skill set and experience complement your case.

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Topics: Medical Malpractice

Robert Yaniz Jr.

Written by Robert Yaniz Jr.

Robert Yaniz Jr. has been a professional writer for more than a decade, including print and online publishing. His experience includes writing various materials for the marketing communications department of a global law firm.

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