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Medical Malpractice

The Role of Expert Witnesses in Montana Hospital Malpractice Lawsuits

September 30, 2024

In a hospital malpractice lawsuit, proving that a healthcare provider’s negligence caused harm to a patient is complex and often hinges on technical medical knowledge. Most jurors or judges do not have the medical expertise required to understand whether a healthcare provider breached the standard of care, which makes expert witnesses essential. Expert witnesses, typically experienced medical professionals, play a crucial role in hospital malpractice lawsuits in Montana. Their testimony helps to clarify medical concepts, explain whether the care provided was below accepted standards, and show how that substandard care caused injury or death.

Below, our Montana hospital malpractice lawyer explains the role of expert witnesses in Montana hospital malpractice cases, from how they help establish key legal elements to the qualifications they must meet and the impact they have on the outcome of a case.

Why Expert Witnesses Are Necessary in Hospital Malpractice Cases

Hospital malpractice claims involve highly specialized and technical aspects of medicine that the average person may not fully understand. In Montana, as in most other states, the plaintiff in a hospital malpractice lawsuit must prove four key elements to succeed:

  1. A duty of care existed between the healthcare provider and the patient.
  2. The healthcare provider breached the standard of care.
  3. The breach of care caused harm to the patient.
  4. The patient suffered damages as a result of the injury.

Expert witnesses are particularly important in proving the second and third elements: that the standard of care was breached and that this breach caused harm.

Establishing the Standard of Care

The standard of care refers to the level of care that a reasonably competent healthcare professional in the same field would provide under similar circumstances. It is a key concept in any malpractice case because the plaintiff must show that the hospital or healthcare provider failed to meet this standard. Expert witnesses are brought in to explain what the standard of care is in the specific medical context of the case.

For instance, if a surgeon left a surgical tool inside a patient after a procedure, the expert witness—often another surgeon—would explain to the court what steps a reasonably skilled surgeon would take to ensure this did not happen. This explanation helps the jury or judge understand whether the actions of the hospital or medical staff fell below acceptable medical standards.

In Montana, expert testimony is often required to define the standard of care because healthcare practices can vary depending on the type of procedure or the complexity of the patient’s medical condition. The expert’s role is to clarify what a competent medical professional would do in a similar situation and then contrast it with what the defendant hospital or healthcare provider actually did.

Proving Causation

Once the standard of care has been established, the next step is to prove that the breach of this standard caused the patient harm. Causation is often one of the most challenging aspects of a hospital malpractice case because patients may already be suffering from preexisting conditions, and adverse medical outcomes can occur even when the correct standard of care is followed.

Expert witnesses help to establish causation by reviewing medical records, test results, and other evidence. They offer their opinion on whether the harm suffered by the patient was a direct result of the healthcare provider’s negligence. For example, if a patient suffered a stroke after surgery, an expert witness might explain whether the stroke was likely caused by negligence during the operation or whether it was an unavoidable complication.

In Montana, it is not enough to show that the hospital made a mistake; the plaintiff must prove that the mistake directly led to the injury. Expert witnesses provide this critical link by offering medical insight into how the breach of care caused the patient’s injuries.

Types of Expert Witnesses in Hospital Malpractice Cases

There are several types of expert witnesses who may be called to testify in a hospital malpractice case, each with a different role:

1. Medical Experts

Medical experts are the most common type of expert witnesses in hospital malpractice cases. These are healthcare professionals—often doctors, nurses, or specialists—who have the training and experience needed to offer an authoritative opinion on the medical aspects of the case. Medical experts can testify about the standard of care, identify where the defendant fell short, and explain how this negligence caused harm.

In Montana, medical experts are essential for demonstrating that the actions of the hospital or healthcare provider were inconsistent with what a reasonably competent professional would have done. For example, if a patient suffered an infection due to improper sterilization procedures during surgery, a medical expert would testify about the accepted sterilization practices and how the failure to follow them led to the infection.

2. Economic Experts

In some hospital malpractice cases, the plaintiff may suffer long-term or permanent injuries that require ongoing medical treatment, rehabilitation, or result in lost wages. Economic experts are called in to estimate the financial impact of these damages. They calculate the cost of future medical care, lost earning potential, and other financial losses that the patient or their family may incur as a result of the malpractice.

Economic experts are crucial in cases where the damages are extensive and ongoing, as they help the court determine the appropriate amount of compensation to award the injured party. Their testimony ensures that plaintiffs receive adequate compensation for both current and future expenses.

3. Vocational Experts

If the malpractice resulted in a disability that affects the plaintiff’s ability to work, a vocational expert may be called to testify. Vocational experts assess the patient’s ability to return to work, considering the physical and mental limitations caused by the injury. They can also offer opinions on whether the plaintiff will need to switch careers, reduce their work hours, or retire early due to the malpractice.

In Montana hospital malpractice cases, vocational experts help quantify the long-term impact of an injury on the plaintiff’s ability to earn a living, which is a critical component of the damages sought in a lawsuit.

Qualifications for Expert Witnesses in Montana

Not just anyone can serve as an expert witness in a Montana hospital malpractice case. Expert witnesses must meet certain qualifications to be considered credible and reliable by the court. According to Montana law, an expert witness must have specialized knowledge, training, or experience in the field they are testifying about. For medical experts, this typically means that they must be licensed healthcare providers with expertise in the same field as the defendant.

For example, if the case involves a surgical error, the expert witness should be a surgeon with relevant experience in the same type of surgery. Additionally, expert witnesses must base their opinions on reliable methods, such as scientific data, medical literature, and their own professional experience.

In Montana, expert witnesses are also required to testify within their scope of expertise. This means that a general practitioner, for instance, would not be qualified to give expert testimony in a case involving a highly specialized field like neurosurgery.

The Role of Expert Witnesses in Settlement Negotiations

Expert witnesses are not only valuable in court but also play an important role in settlement negotiations. In many cases, hospital malpractice claims are settled before going to trial. The strength of the expert witness testimony can influence the hospital’s willingness to settle the case, as strong expert opinions may make it clear that the plaintiff has a solid case. Conversely, if the expert witness testimony raises doubts about the plaintiff’s ability to prove negligence or causation, the hospital may be less inclined to settle.

By providing well-supported, credible testimony, expert witnesses can increase the chances of a favorable settlement, allowing plaintiffs to avoid the stress and uncertainty of a trial.

Seek Legal Guidance from a Skilled Montana Hospital Malpractice Lawyer Today

Expert witnesses are indispensable in Montana hospital malpractice lawsuits. They help define the standard of care, establish causation, and quantify damages. Their testimony can make the difference between a successful claim and a failed one. Because hospital malpractice cases are often complex and hinge on technical medical issues, expert witnesses provide the clarity needed for judges and juries to understand the medical negligence involved.

If you are considering filing a hospital malpractice lawsuit in Montana, working with skilled and experienced expert witnesses can significantly strengthen your case and increase your chances of obtaining the compensation you deserve. Speak to a Montana hospital malpractice lawyer at our office today.

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