If you have recently been injured or suffered a serious illness in the State of Michigan, and you believe your medical care provider is at fault, you are most likely here today researching the ins and outs of medical malpractice cases and how exactly they work. One narrow part of this topic that can be difficult to find good information on is specific expert witness requirements in Michigan medical malpractice cases.
Michigan Medical Malpractice Cases and Why Expert Witnesses Matter
A medical malpractice case is a unique legal process. Due to their unique nature and niche function, medical malpractice cases also tend to call for very specific types of evidence. Medical records and photographic evidence of sustained injuries can play big roles, for obvious reasons. Due to the complex medical topics involved, another type of evidence that can be extremely powerful in a medical malpractice case is testimony from an expert witness.
Expert witnesses in medical malpractice cases are often, although not always, doctors themselves. A reputable medical doctor with authority and a track record of success in their field can be an extremely valuable ally in court.
Often, the most effective expert witness is a well-known, well-respected doctor whose practice is either focused on the specific injury you sustained as a result of medical malpractice or on the procedure that led to your medical malpractice injury.
According to nationwide data, Michigan regularly ranks in the top 10 states in terms of total medical malpractice reports, and one-third of all clinicians are sued at some point in their career, so please know you are not alone.
Need Expert Witnesses? Hire a Medical Malpractice Lawyer
Understanding what type of expert witness may be valuable to you is great, but actually finding those witnesses and getting them to agree to support you in court is another matter entirely. Oftentimes, when medical malpractice plaintiffs bring highly effective expert witnesses to court, they were initially introduced to those witnesses through their medical malpractice attorney. This is just one key way you can help your case if you hire a medical malpractice lawyer in Michigan.
In addition to helping you navigate Michigan medical malpractice laws, a reputable medical malpractice attorney has a good understanding of the healthcare industry and many good working relationships in the medical world. An effective medical malpractice lawyer can either use these contacts as expert witnesses or leverage them as resources to help locate the right witnesses, no matter how complex or rare your specific medical situation might be.
Lastly, your lawyer understands what requirements expert witnesses must meet, if any, in order to be called upon for testimony in your case. When it comes to highly technical topics like healthcare, expert witnesses need to be true experts in their fields. However, verifying this is largely done at the subjective discretion of a judge, rather than through hard legal guidelines, making it wise to let your attorney take the lead when trying to bring a witness to court.
In a medical malpractice case, it can sometimes be more logical and useful to stop thinking in terms of witnesses having specific “requirements” they must meet, and instead think about expert witnesses in more of a pass/fail way. In other words, the only “requirement” that really matters from your perspective is whether or not the judge allows your expert witness to testify in court.
Here are some examples of how highly qualified expert witnesses may strengthen your medical malpractice case:
- Offering insight into the extent of your injuries and the likely cost of treating them over the long term
- Explaining exactly how and when your doctor failed to correctly treat you
- Using real-world expertise to push back against bad faith claims by healthcare executives, corporate attorneys, and insurance companies
- Putting complex medical topics into understandable and legally actionable terms for the benefit of the court
FAQs About Witness Requirements in Michigan Medical Malpractice Cases
What Qualifies for Medical Malpractice in Michigan?
Many situations qualify for medical malpractice in Michigan. In order for a medical malpractice incident to have occurred, you need only have been harmed by a caregiver while a legitimate patient in their care, as long as this harm resulted in legally actionable damages, such as serious injuries or long-term illnesses requiring additional medical care.
You also need to be able to prove all of this using the available evidence, however, which is the purpose of a medical malpractice case.
What Are Examples of Medical Negligence?
Common examples of medical negligence include:
- Making an error reading a medication order and giving a patient the incorrect dose
- Failing to correctly diagnose an underlying issue (and subsequently failing to treat it)
- Leaving patients unattended for long periods in nursing homes or long-term care facilities
- Leaving a foreign object in a patient’s body during surgery
- Mixing up medical charts and performing the wrong procedure
What Conditions Must Be Met to Prove Negligence in a Malpractice Case?
Although it’s important to understand that every case is unique, the general conditions that must be met to prove negligence in a malpractice case are:
- The victim was a patient seeking care from the defendant.
- The defendant failed to meet the standard of care reasonably expected of a medical practitioner.
- This failure directly resulted in damages to the patient.
- The damages in question are legally compensable under Michigan personal injury law.
What Is the Hardest Element to Prove in a Medical Malpractice Case?
The hardest element to prove in a medical malpractice case depends on the specific circumstances of that case, as well as the quality of the available evidence. Every case is unique. In some situations, it can be difficult to determine whether a facility actually failed to meet the standard of care or if an incident was an unavoidable tragedy. In other cases, injuries from negligence may not be visible, making the damages more difficult to prove.
Hurt By Medical Malpractice and Need Expert Witnesses? Contact Our Firm Today
If you have been harmed while in the care of a hospital or other medical facility and are trying to put together a medical malpractice claim, Goethel Engelhardt, PLLC, can help. We have significant experience litigating high-stakes medical malpractice cases on behalf of injured Michiganders just like you. Contact our Ann Arbor-based offices today to schedule your initial consultation so we can help you get the support and resources you’re owed.
