To win a medical malpractice lawsuit, a patient must typically prove three basic elements
The heart of almost every medical malpractice case centers on whether the healthcare provider’s actions or lack of action injured the patient.
To prove negligence, it is usually necessary to retain an expert medical witness who has experience with the kind of procedure or health condition in question. The role of the expert is to educate the judge and jury about the standard of care. The expert does not necessarily have to be from the local community.
To qualify as an expert witness, the person must generally meet the following qualifications:
ACOG Committee Opinion 374: Expert Testimony
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