Why Expert Winesses are Important

A Supreme Court judge has upheld the dismissal of a Kentucky man’s medical malpractice case because he didn’t have the testimony of an expert witness and therefore failed to prove his claim.

Horace Collier sued Caritas Medical Center and Dr. Robert Blankenship alleging that they were negligent in treating him for the abdominal pain he was experiencing in 2004.  His lawsuit claimed that he was ignored for a period of several hours before having to undergo an appendectomy.
Unfortunately for Collier, he chose not to call an expert witness to testify on his behalf, which left it as his word against the medical professionals.  He didn’t stand a chance.
The truth is, in an effort to prevent having to pay out thousands or even millions of dollars to a plaintiff for a medical malpractice claim, physicians and their defense attorneys will employ whatever means necessary for a victory.  This almost always includes a medical expert, or even a team of them, who will testify that the medical error was not the fault of the doctor or hospital.  If the plaintiff doesn’t do the same, chances are very slim that their claims will hold up in court.

In fact in many states, if you do not have an expert witness, you cannot even expect to get to trial, because the peculiar nature of medical malpractice cases REQUIRES that you hire an expert to explain your case.