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Does proving medical negligence hinge on expert testimony?

In a recent post, we discussed some of the evidentiary challenges to proving causation in a birth injury lawsuit.

Indeed, an insurance carrier for a hospital or doctor might mount a vigorous defense that points to other possible causes. Experts will most likely be needed to interpret the medical evidence in a way that the jury can understand. 

Yet even experts can reach different conclusions, and the uncertainty raised by conflicting testimony might be enough to defeat a victim’s claim. On the other hand, even if a victim of medical malpractice prevails in his or her lawsuit, aggressive defense tactics and testimony during the trial might serve to undercut or reduce the amount of compensation that a victim would otherwise have received. 

An attorney that is experienced in medical malpractice litigation understands the importance of choosing a strong expert attorney. Our law firm has experience in a broad range of medical negligence claims, including trial experience. We can help choose an expert that will present a compelling case to jurors.

Yet it is not just up to the expert. An attorney can also shape how the expert testimony unfolds at trial. The defense may attempt to interrupt the flow of the expert’s testimony through frivolous objections. The defense may also attempt to keep certain exhibits out of the hands of the jury. Yet when factual interpretations differ, a jury needs to have all relevant and material evidence at its disposal in order to make an informed decision. An attorney can fight to get frivolous objections overruled and work to keep the trial fair. 

Related post: “Is it difficult to prove causation in a birth injury lawsuit?” Jan. 16, 2015

Source: Statesman Journal, “Trial begins in Ramseyer birth injury case,” Saerom Yoo, Jan. 21, 2015

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