In high-stakes wrongful death claims, you need the right expert to build your case
Even when doctors do everything right, negative and even fatal outcomes can still occur. Conversely, if a patient dies during surgery or other medical treatment, it’s not immediately obvious that a doctor’s negligence caused their death. Proving wrongful death in medical malpractice lawsuits requires extensive investigation, research, and expertise.
Death cases tend to have high stakes, with millions of dollars at stake—not to mention closure for the grieving family and the reputation and career of the defendant doctor. The right medical expert can make all the difference.
Establishing the standard of care
In any medical malpractice case, establishing the applicable standard of care is essential, and the only way to prove that standard of care is with a physician in the same specialty as the defendant doctor. Indeed, in many states, plaintiffs must get an expert opinion showing breach of the standard of care before they can even file a lawsuit.
While any doctor in the same specialty can, in theory, be a standard of care witness, when the standard of care is disputed, it’s important to have a highly qualified, experienced expert witness.
The most effective experts have strong credentials and stay up to date on the medical literature so that they can offer a fully informed opinion on the standard of care. Just as importantly, they need to be credible, practiced witnesses who can offer compelling testimony at trial if necessary.
Handling causation
The next essential element of a wrongful death medical malpractice case is establishing the causal link between the defendant’s negligence and the patient’s death. Under some circumstances, this can be difficult.
For example, there may have been other intervening events between the medical malpractice and the patient’s death. Death may have been a known risk of the medical procedure. Or the patient may have had some risk of dying even with successful treatment, especially in an emergency situation.
Depending on the circumstances, the medical expert needed to establish that the standard of care may or may not be the same as that of the causation expert. Either way, an experienced medical expert witness can reconstruct what happened and explain why the patient died to establish—or refute—malpractice as a cause.
Quantifying damages
While there is obviously no claim for future medical expenses when the plaintiff is deceased, medical experts can still offer important insight on damages in wrongful death actions, particularly when the patient died some time after the negligent act or omission.
For example, a medical professional can explain what symptoms the patient would have been suffering from and offer an opinion on how much pain or discomfort they endured. Since the plaintiff in a wrongful death case isn’t there to speak for him- or herself, these insights can be critical.
Contact us today to find your expert
In high-stakes medical malpractice and wrongful death litigation, you need the right expert to build the strongest possible case.
For nearly four decades, the team at Rieback Medical-Legal Consultants has been providing the best in medicine to assist the legal community. Contact us and find the right expert for your case today.
"Very professional, have helped us with several cases. Referred to us by the best of the best" — Benjamin H., ⭐⭐⭐⭐⭐