Expert Witnesses in Atlanta Surgical Error Cases
In Atlanta, you must obtain a sworn statement from a medical expert to file a medical malpractice claim. Without the expert witness affidavit, the court will likely dismiss your case. Even if you have an expert witness, the court may still throw out your case if your expert is not qualified. There are strict rules governing who may serve as an expert witness in Atlanta surgical error cases.
At Warshauer Woodward Atkins, we have an in-house doctor who provides critical insight on medical malpractice cases. Our team of dedicated attorneys could help you find the right medical expert for your specific case.
Who Qualifies as an Expert Witness in Surgical Error Cases?
In Atlanta, O.C.G.A. 24-7-702 dictates who may serve as an expert witness in surgical malpractice cases. This is a very complex area of law that is frequently changing. In general, the expert must be licensed in his or her profession and have professional knowledge and experience with the surgery at issue in the case.
There is no requirement for the number of years of experience the expert must have. However, the individual’s experience must be recent. The expert must have practiced in a relevant field for three of the five years preceding the surgery. This would prevent the injured patient from bringing in a doctor who has been retired for 20 years.
Types of Professionals Who Typically Serve as Expert Witnesses
Many expert witnesses are physicians actively practicing medicine in the same field as the defendant. He or she may own a surgical practice or perform surgeries in a hospital.
Some of these physicians primarily teach in medical schools. Someone who teaches medical students and young doctors about the surgery at issue could prove to be a useful expert witness in a medical error case.
Understanding the Expert Witness Affidavit in Atlanta
A skilled attorney would involve an expert witness early on in a surgical error case, as an affidavit must be included in the filing paperwork. In the sworn statement, experts testify to the standard of care required for the surgery the patient had. Additionally, he or she must explain how the negligent medical provider deviated from the standard of care or failed to meet it.
It is also important that the expert testifies as to how the failure to meet the standard of care caused the patient’s injury. The at-fault party will often claim something unrelated caused the patient’s injuries. Consequently, it is vital that the expert discuss why these theories by the defense are incorrect.
The Advantages of Working with a Medical Expert
Obtaining medical expert testimony is required in all surgical error cases, but it is also advantageous to the injured patient. Working with the expert witness throughout the life of the case allows the injured party to determine whether the case is medically sound. Expert witnesses are also helpful in trial, as they have the knowledge to explain complex medical issues to the jury in a clear, understandable way.
Our Team Could Help You Find an Expert Witnesses in an Atlanta Surgical Error Case
Working with an experienced attorney is crucial in a surgical error case. The seasoned lawyers at our firm know the expert witness requirements and could find a qualified practitioner familiar with the areas of medicine discussed in your claim.
We could also help you push back against the negligent party’s efforts to have your expert witness testimony thrown out. Contact us today and speak with a dedicated attorney about expert witnesses in Atlanta surgical error cases.
