How big of a factor will expert witnesses be in your case?

Most of our readers in New York probably know that the heart of any court case – criminal or civil, prosecution, plaintiff or defense – is witness testimony. However, it’s not always eyewitnesses to events who take the stand. Witnesses can testify about a wide range of issues that come up in any given case and, in many cases, witnesses might be qualified as expert witnesses.

How big of a factor will expert witnesses be in your case? Well, if you are defending against a medical malpractice claim, expert witnesses will likely be the most important part of your efforts to gain a favorable result in your case.

Expert witness basics

An expert witness is, in short, someone who has specialized skill, knowledge or education in a certain field and who is able to testify with authority on areas in which the court or factfinders would need help in highly technical or scientific fields.

Obviously, medical malpractice cases deal with these types of detailed areas, as most people don’t know the specific terms or procedures involved in medical care. Expert witnesses in these cases may be doctors, nurses or even healthcare administrators, for example.

There are many ways in which expert witnesses might be involved in your medical malpractice defense strategy. They could explain the appropriate standard of care, or perhaps explain how a medical procedure should be performed. Or maybe they explain how a test is administered or interpreted. It just depends on the facts of your case.

One crucial aspect of expert witness testimony is this: the person’s qualifications must hold up upon examination. There is a chance that the other side might claim that your “expert” is not, in fact, an expert at all.