Expert witnesses are essential in New Mexico medical malpractice cases. Because the elements of liability include 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 testify as to what specifically the injury is.
Finding the Correct Expert Witness is Key
Usually, the first task of a medical malpractice lawyer in Albuquerque, 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.
What Makes a Medical Witness Qualified to Be an Expert?
A witness must meet certain requirements to testify as a medical expert during a malpractice claim in New Mexico. Under Rule 11-702 of the New Mexico Rules of Evidence, a witness must have specialized knowledge, skill, experience, training or education that qualifies him or her as an expert on the subject.
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.
Why Expert Witnesses Are Required in New Mexico Medical Malpractice Cases
Medical malpractice cases almost always require expert witnesses to testify on complex and nuanced medical topics. The average judge and jury will not have the medical knowledge or training necessary to fully grasp highly technical medical subjects. A medical expert may be used to achieve several key purposes during a claim.
Explaining Specialized Subjects
Experts can explain medical issues and terms in a way that a layperson can understand. A medical expert can provide trustworthy, unbiased information about material specific to the case so that a judge or jury can better understand the facts. Most cases involve specific types of care or treatments, such as surgical standards during a particular type of operation. A medical expert is necessary to help the courts understand the technical side of the case.
Establishing the Standard of Care
A medical expert can define the accepted standard of care for the industry, specialty or situation. The expert can explain what a “reasonably competent” practitioner would have done in the same or similar circumstances. This can allow the courts to understand what the defendant should have done compared to what actually happened.
Demonstrating a Breach
Testimony from an expert who understands the field can detail exactly how the defendant breached the expected standard of care when caring for the patient. While this may not be necessary in cases of obvious malpractice, such as operating on the wrong patient, it can be integral for more nuanced cases of medical negligence, where the breach may not be apparent to the average person.
Proving Causation
A medical expert is required to demonstrate a cause-and-effect correlation between the defendant’s breach of the standard of care and the patient’s injury, illness, worsened condition or death. Causation is a required element for a malpractice claim. There must be proof that the defendant’s breach, and not the existing injury or illness, is what caused the harm in question.
Types of Expert Witnesses Used in Malpractice Cases
A medical malpractice case in New Mexico may involve testimony from one or more types of experts, depending on the needs of the claim. Medical experts are the most common, but many cases also involve the use of other types of experts to help establish the legal elements of the case or the plaintiff’s damages.
Common examples are:
- Physicians in the same or a similar field as the defendant, such as doctors, dentists, surgeons or nursing experts.
- Specialists in a certain field of medicine that applies to the case, such as anesthesiologists, cardiologists, obstetricians, endocrinologists, oncologists and dermatologists.
- Pharmacists who can testify regarding standards of practice when prescribing or administering medications, and medication mistakes.
- Forensic pathologists who can analyze and expound on a patient’s cause of death in a fatal malpractice case. Pathologists can help distinguish between a natural cause of death and malpractice.
- Medical researchers to educate judges and juries on the latest developments in medicine, technologies, medications and medicinal sciences.
- Medical economists, or financial experts, who can testify regarding the victim’s future medical care costs, adjusted for the market and inflation.
- Life Care Planners, who can build a long-term plan for the patient’s future treatments to prove the victim’s associated lifetime costs.
Experts can be used during a malpractice claim not only to establish a breach of the defendant’s duty of care, but also to show how the medical negligence has and will continue to impact the victim for the purpose of proving case value. A lawyer from The Fine Law Firm can select the right types of experts for your particular case.
How Expert Witnesses Strengthen Your Malpractice Claim
Expert witnesses can be essential to the strength and success of your medical malpractice claim in New Mexico. The right experts can make a significant difference to the outcome of the injury case. It is the injured patient’s burden to prove the elements of a claim; hiring an expert is an effective type of evidence to use during insurance settlement negotiations or a court trial.
An expert witness can help the victim establish the four required elements of a malpractice claim: standard of care, breach, causation and damages. An expert can also provide counter evidence against defense experts to help prove a disputed fact. An expert can be useful at multiple stages of the legal process, from initially evaluating the case to testifying in court.
New Mexico’s Medical Expert Witness Requirement
In New Mexico, all medical malpractice cases must pass through a screening panel before they will be allowed to proceed and be heard by the courts. The Medical Review Commission, a panel of three licensed physicians and three members of the New Mexico State Bar, must review the submitted application to confirm the validity of the case.
Even before you file your application, your medical records must be reviewed by an independent medical expert to determine if there was a breach of the standard of care. Skipping this review means your case won’t have the support of an expert during the Review Commission process, which can significantly hurt your chances of making it to the next step.
The Commission will conduct an informal hearing, where both sides of the malpractice case will present medical records and opinions from relevant experts. The panel will then take a vote on whether there is substantial evidence of malpractice and a reasonable probability that malpractice caused the victim’s injury. This review process is to minimize the number of frivolous lawsuits filed.
Get the Necessary Medical Expert Testimony for Your Case By Contacting an Attorney
Expert witnesses are a necessary part of a medical malpractice claim in New Mexico. As a plaintiff, you don’t have to find or hire the right experts on your own. You can hire a qualified personal injury lawyer in New Mexico to locate experts for you. A law firm will have connections to experts at the top of their fields to hire during your case.
At The Fine Law Firm, our medical malpractice lawyers have decades of experience in this practice area and a 99 percent success rate. We can guide you to the best experts for you at every stage of the legal process. Learn more by requesting a free consultation with our attorneys. We are available 24/7.