Expert Witnesses for an Atlanta Misdiagnosis Case

For victims of medical negligence, lawyers may choose to rely on expert witnesses. An Atlanta misdiagnosis case not only requires a substantiation of evidence that an expert witness could provide, but also for the victim of a claim to have sustained losses. To learn more about how a lawyer could help your case, reach out to a team of attorneys who could place your needs at the forefront of a case today.

Proving Causation in an Atlanta Misdiagnosis Case

To prove causation in a medical malpractice case, patients must demonstrate that the damage or injuries were directly caused by the misdiagnosis. In misdiagnosis cases, the defense often argues that what caused the patient’s injuries was not the actual condition that was misdiagnosed, but rather a separate underlying condition or disease that the patient had. One critical tool that lawyers could deploy in these cases is expert testimony. Experts are able to explain the causal link and state how the doctor failed to meet the standard of care that led to the misdiagnosis, which caused the patient’s specific injuries. For victims looking for legal representation, choosing to work with a team of lawyers who could rely on the expert testimony of an in-house doctor could prove invaluable.

Using Expert Witness Testimony

Through expert witness testimony, attorneys could establish the standard of care in the relevant field of medicine and explain how a similar doctor would have been unlikely to misdiagnose the patient’s illness or injury. If a patient went to his or her family practice doctor complaining of symptoms of cancer, his or her physician failed to recognize those signs or order the proper tests, and as a result, the patient’s cancer went undiagnosed, the patient’s lawyer could seek a similar type of physician to testify regarding the standard of care. Expert witness testimony often provides the proof required to prevail in a misdiagnosis malpractice case in Georgia.

Validating a Medical Misdiagnosis Claim

Georgia law requires that in medical misdiagnosis cases, an affidavit from a similar expert be filed with the lawsuit, pursuant to OCGA 9-11-9.1. In that affidavit, the expert witness must allege at least one negligent act or deviation from the standard of care made by the medical provider and affirm that the deviation caused the patient’s injury.

Required Evidence

In addition to requiring an expert to file a medical malpractice case in Georgia, you must also have expert testimony in the trial of your case. Expert testimony regarding the patient’s symptoms, how many times the victim saw the doctor, what was done, how the healthcare provider deviated from the standard of care and how that deviation injured the patient are necessary and required by law. An attorney might also employ economists or life care planners as expert witnesses when the damages are catastrophic or particularly damaging to the patient’s future capacity to earn wages astandand contribute to society. Damages witnesses, people with direct knowledge of the misdiagnosis and how it impacted the lives of victims and their families may also be utilized.

The patient’s medical records are another key piece of evidence that could provide additional information and offer the perspectives of the practitioners and other physicians.

Speak Directly to an Attorney about Expert Witnesses in Atlanta Misdiagnosis Cases