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Health Professionals to Strengthen Your Case

July 30, 2024

In many medical or hospital malpractice cases, there may be involvement by ancillary specialists, whose importance to the case becomes obviously critical as the facts develop. These specialist may be a nurse or nurse practitioner; a physical or occupational therapist; a Physician’s Assistant; or any other licensed healthcare professional, such as radiologic technician or a respiratory therapist.

These specialist can play a crucial role in a medical or hospital malpractice case and can provide expert insights and testimony regarding the standard of care, and the appropriate course of treatment that was indicated. Here’s how one of these specialist can contribute:

Role of a Healthcare Professional in a Medical or Hospital Malpractice Case

  1. Expert Evaluation and Analysis
    • Review of Medical Records: A specialist can review medical records to identify deviations from standard of care practices.
    • Assessment of Injuries: They can evaluate the extent of the patient’s injuries related to deviation, including functional limitations and impairments.
  2. Determining Standard of Care
    • Standards and Guidelines: A specialist can explain the accepted standards and guidelines in their field of practice, helping to establish whether the care provided failed to meet the expected level.
    • Deviation Analysis: They can identify and articulate these deviations from the standard care and how they may relate to the patient’s injury or lack of recovery.
  3. Causation and Impact
    • Causation Testimony: A specialist can offer guidance on whether the alleged malpractice caused or contributed to the patient’s injuries.
    • Impact Assessment: They can assess the impact of the injury on the patient’s functional abilities and quality of life.
  4. Treatment and Rehabilitation Plans
    • Appropriate Treatment Plans: A specialist can outline what an appropriate treatment plan should have been, highlighting any discrepancies with the treatment provided.
    • Prognosis and Future Care: They can offer guidance on the patient’s prognosis and the necessity for future care and rehabilitation.
  5. Expert Testimony
    • Depositions: A specialist can participate in depositions, answering detailed questions about the patient’s condition, treatment, and the standard of care in their field.
    • Court Testimony: They can also serve as an expert witness, providing testimony that explains complex medical and therapeutic concepts in understandable terms.

Key Considerations when hiring a Specialist

  • Credentials: Ensure that the specialist has relevant credentials and experience with the care in question; is actively practicing; and is available to support opinions through deposition and trial.
  • Communication Skills: The specialist has the understanding and ability for the need to clearly and effectively communicate complex medical concepts in laymen’s terms, and be able to stand up to cross examination.
  • Objective and Unbiased: The specialist’s testimony should be based on objective analysis and evidence, maintaining credibility and impartiality.

These specialists are involved with patient care on a daily basis, and their knowledge of the standards of care in their field of practice may be critical to the eventual outcome of your case, so do not overlook the importance of adding these specialist to your team of experts.