An orthopedic expert witness is a certified surgeon who has the knowledge and experience to give testimony in medical malpractice cases related to orthopedic surgeries.
An orthopedic surgery consists of a wide range of operations related to shoulder, knee, ankle, wrist, elbow, and other musculoskeletal problems. A reliable and experienced witness understands how a procedure can affect day-to-day life.
If you’ve been a victim of orthopedic surgery, you have the right to obtain compensation for that. Whoever is responsible- be it a surgeon or other medical professionals, you can sue them for medical negligence. However, one needs to understand that just because the surgery outcome didn’t meet your expectations. There has to be sufficient ground based on which the malpractice case needs to be proved. This is the reason why you need to retain a lawyer. The attorneys at one point of the investigation will appoint an expert witness to understand the medico-legal perspective of the case. These expert witnesses are extremely crucial for your case because they are the ones who can make or break the case.
Why it is important to retain a professional?
Retaining a professional is a must as they have a complete understanding of the legal processes. As a normal person, it is not possible for you to know the procedures; therefore, a professional lawyer needs to be retained. Also, there is the statute of limitations within which you have to file your lawsuit. The statute of limitation is the time period within which you have to file your medical malpractice case. This deadline varies from one state to the other. It can range between 1 and 3 years, depending on the state in which you are in.
Failure to file your lawsuit within this time period will make you lose your compensation rights. Also, orthopedic surgical malpractices are highly complicated. Don’t think that your expert witness will prepare a report in one or two days. The orthopedic expert witness will have to go through the case in detail and it is quite time-consuming.
Based on the understanding of the case, the orthopedic witness expert will prepare reports which are clinically proven and scientifically correct. In this context, you need to understand the role of the expert witnesses.
- Offers unbiased and neutral reviews that falls within their scope of medical expertise.
- Malpractice cases are mainly technical. The court might want assistance in technical matters for which an expert witness might be needed.
- Provides un-influential and unprejudiced evidence to the court.
- Performs Independent Medical Examination t understand the health condition.
- Gives a clear explanation and details upon which their expert witness is based on.
- Works in cooperation with the defendant’s expert to see if the case can be solved in the initial stages.
Hence, the role of an orthopedic expert witness is manifold in malpractice lawsuits. However, these witnesses should adhere to the standards of California. Besides this, they should proper communication skill, clinical practice, and certification to provide testimony in malpractice cases.