Contingency Fees Blog
Experts in Medical Malpractice Cases: Who Can Testify?
April 1, 2019
Medical malpractice lawsuits are an important legal option for patients injured by the reckless or negligent actions of treating doctors, physicians, nurses, hospitals, or care facilities. One of the most important components to the success of any Somerset County medical malpractice case is the testimony of medical professionals. They can not only knowledgeably describe the actions taken by other professionals, but why those actions were inappropriate or negligent, and how exactly those actions lead to the injuries you have suffered.
However, rising concern over the frivolity of many medical malpractice cases has limited exactly who can qualify as a medical expert in medical malpractice cases. This is why it is critical that in order for you to receive the compensation you need and deserve in any medical malpractice case, your Somerset County attorney understands exactly these limitations, and has a wide network of qualified experts they can call upon in your unique case.
Cases and Recoveries of Somerville Medical Malpractice Lawyer
Attorney Brian Levine has already recovered over $7.5 million dollars for his clients in the last three years, allowing them to begin rebuilding their lives after injuries resulting from Negligent Hospitals, Emergency Room Errors, Birth Injuries, Surgical Errors, Urgent Care Centers, Delays in Treatment, Misdiagnosis, and more.
Who Can Testify in My Somerset County Medical Malpractice Case?
In 2013, The New Jersey Supreme Court ruled on a medical malpractice case involving a patient suffering from carbon monoxide poisoning whose treatment caused the patient to further suffer from brain injuries. The victim, Edward Nicholas, and his medical malpractice attorney, relied on the testimony of what is known as “an internist” to make their case. The term internist does not refer to an intern, rather it refers to a doctor who does not specialize in any one practice area, type of disease, or specific organ of the human body. An internist can more accurately be referred to as a “medical generalist”.
In the case in question, The New Jersey Supreme Court overthrew the medical malpractice ruling Edward Nicholas received, stating that the testimony used in his case was not provided by a medical professional who specialized in the specific area of medicine relevant to Nicholas’s case, and thus their testimony was not relevant to the case.
For information about this ruling, and the case in question, you can view the NJ.com article here.
Medical Professionals Must Specialize in Specific Area of Medicine
This ruling now sets the precedent for all medical malpractice cases that any medical testimony used during the claim needs to be provided by a medical professional who specializes in the area of medicine relevant to the case. So for example, if your medical malpractice case involves a surgical error, whatever medical expert you and your attorney hire to testify will need to be a surgeon, trained in the specific surgery relevant to your situation.
Cost of Pursuing a Medical Malpractice Claim
Many attorneys and lawmakers fear that this increased requirement for medical malpractice cases will prohibitively raise the cost of pursuing a medical malpractice claim. While this may be true, it also makes it that much more critical that you work with an experienced medical malpractice attorney who understands these restrictions, and has a broad network of qualified medical experts with whom they can consult with for accurate, compelling, and relevant testimony.
Contact Our Bridgewater, NJ Medical Malpractice Law Firm Today
At The Law Office of Brian J. Levine, we have extensive experience recovering compensation for medical malpractice cases of all kinds across New Brunswick, Bridgewater, Somerset County, and Hunterdon County. Our firm has a network of qualified medical experts across all fields of medicine, and we are ready to represent you and your needs in an effective, compassionate, and knowledgeable manner.
Contingency Fee Pays Law Firm Only Upon Recovery
By working on a contingency fee basis, our office is prepared to take on the expenses associated with your medical malpractice claim, including hiring qualified and relevant medical experts, and only take payment for these expenses and our services upon recovery from your claim.
To speak with our firm today in a free and confidential consultation regarding your potential medical malpractice claim, and any of the concerns or needs you may have, please contact us online Blevine@bllawnj.com, or through our Somerville, NJ office at 908-243-0111.