Why Does My Lawyer Have to Hire an Expert Witness?
In Ohio, expert testimony is required when presenting a
medical malpractice claim.
Expert witness testimony can help the presiding judge or jury better understand
the details of your case, such as how your healthcare provider deviated
from what another reasonable healthcare provider would have done in the
same situation. For example, would the injury or death have occurred if
the doctor hadn’t deviated from the acceptable standard of care?
When presenting an opinion, the expert will likely introduce various forms
of evidence, such as medical publications and board guidelines. If the
expert asserts that the doctor’s error did, in fact, cause or contribute
to the injury, he or she will be required to explain this conclusion.
An expert witness can also explain jargon and other technicalities. Jurors
and judges are not required to accept the expert’s point of view,
but they are expected to utilize the testimony while considering the outcome
of the case.
Who Qualifies as an Expert Witness?
Each state has different rules for what constitutes an expert witness in
malpractice cases. In Ohio, a medical malpractice expert witness is required
to be a licensed doctor or medical professional. The witness also must
spend at least 75 percent of his or her time in the same field as that
of the doctor against whom the lawsuit is brought.