Medical malpractice cases are some of the most complex and confusing types of personal injury cases. In fact, most medical malpractice cases require an understanding of the medical field beyond what most lawyers and judges possess. For this reason, Virginia lawmakers have implemented a requirement that all medical malpractice plaintiffs present a qualified expert to help explain to the judge and jury how the defendant’s actions fell below the required standard of care and also how those actions resulted in the plaintiff’s injuries.
The selection of medical experts in a medical malpractice case is an extremely important decision that can have an enormous effect on the outcome of the case. For example, if a witness is not properly qualified, or does not offer an opinion that is based upon acceptable and recognized practices of the profession, the expert’s opinion may be open to attack by the defense.
A recent opinion illustrates the problems one medical malpractice plaintiff encountered when a court determined that the experts he presented failed to establish that the defendant’s actions were responsible for his injuries.