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To succeed in a medical malpractice lawsuit, you must prove that a healthcare professional deviated from the established standard of care and caused you harm. Judges and juries don’t typically have strong medical backgrounds, so you’ll need specialized testimony from a medical malpractice expert witness to make your case.
The Role of Expert Witnesses in Medical Malpractice Cases
A seasoned Indiana medical malpractice expert witness can bridge knowledge gaps and explain each of the following aspects of your case:
- The applicable standard of care
- The nature of the provider’s malpractice
- The link between the incident and your injury
- The impact of the injury on your life and livelihood
Expert testimony is typically required for a successful medical malpractice case. In St. Mary’s Ohio Valley Heart Care, LLC v. Smith, 112 N.E.3d 1144 (2018), the Indiana Court of Appeals ruled that a patient without expert testimony did not have sufficient evidence to prove a breach of the standard of care. where the applicable standard of care was not within the common knowledge of a lay person.
Further, Indiana law requires all malpractice cases to clear a review panel before proceeding to trial, so it’s usually necessary to have a qualified medical expert for a malpractice case after the review panel has issued their decision.. The panel’s opinion is admissible evidence but is not binding. The right expert testimony can reinforce a favorable opinion or challenge an unfavorable one.
How a Medical Malpractice Lawyer Can Help
A skilled malpractice attorney understands what makes an expert qualified to offer the required testimony and has a strong network of experts across medical specialties. As they investigate and build your case, they’ll determine who has the strongest credentials, communication skills, and overall credibility to testify on your behalf. They can provide critical advice when hiring an expert witness in Indiana.
Indiana Legal Expert Witness Requirements
According to the Indiana Rules of Evidence, expert witnesses must be qualified by their skills, knowledge, education, experience, or training. Their testimony must be based on established scientific principles and help a judge or jury understand the evidence or determine the facts.
For medical malpractice witnesses, some particularly exceptional qualifications for a medical expert witness in an Indiana lawsuit could include the following:
- Board certification in the appropriate specialty
- Academic professorships
- Published research work
- Extensive relevant practice experience
Your lawyer will also vet a prospective medical negligence expert in Indiana for prior courtroom experience and determine how well they’d be able to communicate with a jury.
A medical expert does not necessarily have to practice the same medical specialty as the defendant in your case. However, they must have expertise in the specific issue on which your case centers. In Snyder v. Cobb , 638 N.E.2d 442 (1994), the Indiana Court of Appeals held that a pediatrician with expertise in neonatal care who trained other doctors on infant resuscitation offered a valid expert opinion in a malpractice claim to testify against an OB/GYN specialist.
Contact an Indianapolis Medical Malpractice Attorney Today
If you’ve suffered medical malpractice, let Indianapolis attorney Kelley J. Johnson work on your behalf to build the strongest possible case. Kelley has over 20 years of experience with medical malpractice and Indiana Patients’ Compensation Fund claims. Her team includes a Registered Nurse and a nationwide network of expert witnesses. Our consultations are free, and you won’t pay any fees unless we win your case. Contact us today to learn more about how we can assist you.
