Why Attorneys Rely on Medical Experts to Strengthen Fatal Injury Claims
In any lawsuit involving a death, the stakes are high. Hundreds of thousands or even millions of dollars hang in the balance, to say nothing of a grieving family that is looking for answers and accountability for the loss of a loved one. In such fiercely contested claims, the right medical expert witness can make all the difference. Here’s why.
Standard of Care
It goes without saying that when a wrongful death occurs due to medical malpractice, medical experts are needed to establish the medical standard of care, as in any other malpractice case. At Rieback Medical-Legal Consultants, our experienced medical expert witnesses stay current with the literature in their specialties, as well as the realities of medical practice on the ground. As such, they are well-positioned to offer their opinions on the applicable standards of care and explain why the care provided by the defendant did or did not meet that standard.
Causation
In wrongful death cases, causation is often the key issue, and medical experts can play a critical role, especially when the death is caused by medical malpractice. A medical expert can reconstruct what happened to the decedent and explain how proper medical treatment or interventions could have led to a better outcome where the decedent would have had a better chance of survival.
Medical experts can also play a vital role in wrongful death claims involving toxic exposure or any other cause of death that accumulates over a period of time rather than a single event. In such cases, the actual cause of the decedent’s passing is frequently disputed. An experienced expert witness can review medical documentation and offer an expert opinion on how and why the person actually died.
Pathologists are particularly valuable as expert witnesses in wrongful death cases because of their specialized training and expertise in determining causes of death and mechanisms of injury. Depending on the specific cause or causes of death at issue, though, any number of medical experts can be useful witnesses to get to the bottom of a wrongful death claim.
Damages
Of course, ongoing medical expenses are not an issue in wrongful death cases, but medical experts can still be useful as damages witnesses. In particular, if the case involves a claim for conscious pain and suffering prior to the decedent’s actual death, a medical expert can offer insight on the specific symptoms that the decedent was suffering from and how much pain or discomfort they likely experienced. Since the decedent is not there to offer a firsthand account, the insights of a medical expert can be incredibly valuable in this area.
Contact Rieback Medical-Legal Consultants Today
Since 1986, we’ve been providing the best in medicine to assist America’s finest personal injury and wrongful death attorneys.
Our network comprises highly qualified physicians and allied health professionals across all medical specialties, and our experts are prepared to provide compelling testimony in depositions and at trial. Contact us today to find your expert.
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