Do I Need an Expert Witness for a Kentucky Medical Malpractice Case?

The only person who can describe a medical error is a like-minded medical professional.

That expert will review all your medical records to determine the root cause of your injury and detail the subsequent treatment. They will also evaluate the conduct of the medical professional who breached their duty of care through negligent acts.

After the review, the expert witness can provide the link between your doctor’s actions (or lack of actions) that caused your injury. This is all essential to proving liability.

Kentucky law requires you to file a certificate of merit with your medical malpractice lawsuit. This will be the first time you will utilize the services of an expert witness.

Your medical expert will be in the same field as the nature of your injury. For example, an orthopedist will review your claim if it involves hip replacement surgery that went wrong, or a radiologist can attest to a misdiagnosis from a diagnostic scan. The certificate establishes that there is a valid basis to bring the claim. If you don’t file the certificate, your claim could be dismissed.

Not necessarily. There are often additional medical professionals who can be called on to provide trial testimony. In fact, having a second opinion beyond your certificate of merit will only serve to strengthen your case.

Yes, there could be exceptions to the need for an expert, but they are extremely rare.

You might not need a witness to testify if the negligent act would be obvious to the average jury member. For instance, if your claim involved a surgeon leaving a foreign object inside a patient, that would be easy for anyone to recognize the error.

However, in that scenario, you would benefit from an expert witness who can testify to the proper surgical procedure for counting tools and objects.

Without expert testimony, your case is at serious risk of dismissal. The defendant can ask for a summary judgment that will most likely be granted because you haven’t proved the standard of care was breached and caused your harm. In other words, you wouldn’t have a foundation of proof that you need to proceed to trial.

When you recognize the need for an expert witness in a medical malpractice claim, you can appreciate how vital it is to find the right expert. The attorneys at McCoy & Hiestand, PLC carefully vet every medical expert they will call on. It begins by screening their certifications, education, and work history.

It is also essential to find a witness who is familiar with the courtroom process and can withstand a rigorous cross-examination. There is nothing wrong with hiring an expert witness who has provided testimony in other medical malpractice cases. In fact, that might be the best approach for your situation.

Our goal is to match your claim with the very best expert in the related field. The only way we would bring a medical malpractice claim to trial is if we were fully confident in the compelling and authentic testimony of our expert witnesses.

If you’ve been the victim of a medical error, it is important that you act fast to determine the merits of your case. You can begin by scheduling a free consultation with our office. We can answer more of your questions and guide you towards the next steps. Contact us today to schedule your free initial consultation.