Experts expert witnesses are essential in New Mexico medical malpractice cases. Because the elements of liability in both showing that a medical provider fell below recognized standards of care, it is often necessary at the very least to have a medical malpractice expert testify as to what the proper standard of care is. In addition, it may be necessary to have another medical malpractice expert testify that the failure to meet the recognized standard of care resulted in some sort of harm or injury. Finally, it may be necessary in some New Mexico medical malpractice cases to have a third expert testified as to what specifically the injury is.
Usually, the first task of a medical malpractice lawyer, after reviewing the medical records, is to locate a respected medical expert to review the case. It is during this process that it is important to select the proper type of expert. Although many medical providers routinely testify in cases, these may not be the best witnesses for any specific case. In addition, while there is sometimes a benefit to going outside of the state to obtain an expert witness, there are other times in which hiring a local medical provider is better for the case.
Hiring the correct expert witness can oftentimes send a message to the defense that a plaintiff is willing to go to whatever extent necessary to pursue the case. Hiring the wrong expert witness can have to opposite effect and may suggest that the plaintiff’s attorney does not believe in the case, or that the case is too weak to attract a well qualified and respected expert witness.
Although all cases are different, there are certain factors that have routinely been found in well-qualified and respected expert witnesses:
- An expert witness who also has a medical practice other than testifying in cases;
- An expert witness who still has an active medical license or only recently retired;
- An expert witness who has not spent his or her entire time in a courtroom testifying exclusively for the plaintiff or defense;
- An expert witness who does not regularly lecture on medical malpractice and how to win or defend cases; and,
- An expert witness who has published texts in the same or similar fields that he or she will be testifying about.
The New Mexico medical malpractice lawyers at the Fine Law Firm have handled hundreds of medical malpractice cases and can oftentimes select an expert witness quickly and efficiently who we have worked with in the past. However, in the event that the case requires a unique approach, we affiliate with expert witness organizations and conduct a national search for the witness that will help the case most.