Medical malpractice cases often involve complex medical procedures and technical issues that go beyond the knowledge of most people. In Arkansas, expert testimony plays a critical role in proving these cases and ensuring that victims can hold healthcare providers accountable for their negligence.
Why is Expert Testimony Required?
To establish a successful medical malpractice claim in Arkansas, victims must prove that a healthcare provider deviated from the accepted standard of care. This means demonstrating that the provider failed to act as a reasonably competent professional would in similar circumstances. Because these concepts are highly technical, expert testimony is typically required to explain them to the court.
Expert testimony helps establish:
- The standard of care expected for the medical condition or procedure.
- How the healthcare provider deviated from that standard.
- How the provider's negligence directly caused the victim’s injuries or damages.
Without this evidence, it’s nearly impossible for a plaintiff to meet the legal burden of proof in a medical malpractice case.
When is Expert Testimony Not Required?
There are rare exceptions where expert testimony may not be necessary, such as:
- Obvious Negligence: When the malpractice is so clear that a layperson can understand it without expert guidance (e.g., a surgeon leaving a tool inside a patient after surgery).
Even in these situations, having an expert testify can strengthen a case and counter potential defenses from the opposing party.
How Experts are Chosen
The success of a malpractice claim often depends on the quality and credibility of the expert witness. In Arkansas, experts must meet specific qualifications, such as:
- Having relevant medical expertise in the same field as the defendant.
- Being actively engaged in the practice of medicine or related work at the time of the incident.
- Demonstrating knowledge of the standard of care for the procedure or condition in question.
Attorneys carefully vet potential experts to ensure their opinions are credible and persuasive.
Challenges of Securing Expert Testimony
Obtaining expert testimony can be challenging due to:
- High Costs: Expert witnesses often charge substantial fees for their time, analysis, and court appearances.
- Disputes Over Credibility: Opposing attorneys may attempt to discredit the expert’s qualifications or testimony.
- Complex Medical Records: Experts need sufficient time to thoroughly review medical records and build a strong case.
These challenges underscore the importance of working with an experienced medical malpractice attorney who can navigate these hurdles.
How Expert Testimony Strengthens a Case
An expert witness provides clarity and credibility to a medical malpractice claim by:
- Explaining medical terms and procedures in plain language for the court.
- Establishing how the provider’s actions deviated from the standard of care.
- Linking the provider’s negligence directly to the victim’s injuries.
- Addressing counterarguments from the defense team.
Conclusion
Expert testimony is an essential component of medical malpractice lawsuits in Arkansas. It bridges the gap between complex medical issues and the legal standards required to prove negligence. Working with a skilled attorney to secure a qualified expert is crucial to building a strong case and maximizing the chances of success.
