In Oregon, expert witnesses are almost always required to establish the standard of care and prove that a provider acted negligently. Courts and juries rely on medical experts because laypeople do not have the specialized knowledge needed to evaluate whether a doctor made an error.
1. Defining the Standard of Care
Medical experts explain what a competent doctor, nurse, or specialist should have done in a given situation. The standard of care can vary based on factors such as:
- The patient’s condition and medical history
- The accepted treatment protocols at the time
- The provider’s area of expertise
For example, an expert might testify that a reasonable doctor would have ordered a specific test based on the patient’s symptoms, but the defendant doctor failed to do so.
2. Establishing How the Provider Deviated from the Standard
Once the standard of care is established, an expert must show how the provider’s actions differed from what a competent professional would have done. This could involve errors such as:
- Misdiagnosis or delayed diagnosis (failing to recognize symptoms of a serious condition)
- Surgical mistakes (operating on the wrong body part or leaving surgical tools inside a patient)
- Medication errors (prescribing the wrong drug or dosage)
- Failure to monitor a patient’s condition (ignoring critical signs of distress)
3. Proving That the Negligence Caused Harm
Even if a doctor made a mistake, not all mistakes lead to malpractice claims. An expert must connect the negligent act to the patient’s injury. This is known as causation.
For example, if a surgeon makes an error but the patient recovers without complications, there may not be a valid malpractice claim. However, if the error causes severe complications, disability, or death, an expert must explain how the negligence directly led to these outcomes.
Oregon’s Requirement for Expert Testimony
Oregon courts recognize that medical malpractice cases require scientific and technical knowledge beyond the understanding of an average juror. As a result, state law requires expert testimony to establish both the standard of care and the provider’s deviation from that standard.
There are limited exceptions where expert testimony might not be required, such as when negligence is obvious. This is known as “res ipsa loquitur,” which means “the thing speaks for itself.” For example, if a surgeon operates on the wrong limb, a jury may not need an expert to recognize that malpractice occurred. However, most cases still require expert input to prove causation and damages.
How Expert Testimony Impacts the Outcome of a Case
Medical malpractice cases are often won or lost based on the strength of expert testimony. Strong expert witnesses can:
- Make complex medical concepts understandable to a jury
- Strengthen the credibility of the plaintiff’s case
- Help determine the value of damages (future medical expenses, lost wages, and pain and suffering)
Because expert testimony is so critical, insurance companies and defense attorneys will often challenge the credibility of the plaintiff’s expert. They may bring in their own experts to argue that the defendant’s actions were reasonable or that the patient’s condition was unavoidable.
This is why working with an experienced medical malpractice lawyer is essential. A skilled attorney will have access to qualified medical experts who can support the claim and effectively counter defense arguments.
Conclusion: The Importance of Expert Witnesses in Medical Malpractice Cases
Proving medical malpractice in Oregon is a complex process that requires expert medical testimony. Courts rely on specialists to establish the standard of care, identify negligence, and connect the malpractice to the patient’s injuries. Without expert witnesses, it is nearly impossible to succeed in a medical malpractice claim.
If you believe you or a loved one has been a victim of medical negligence, you need a legal team that understands the intricacies of medical malpractice law.
Contact Troutdale Injury Lawyer Today
If you suspect medical malpractice has caused harm to you or a loved one, don’t navigate this complex process alone. Our experienced legal team can connect you with trusted medical experts and build a strong case for your claim.
Call us today at 971-727-9226 or visit our contact page to schedule a free consultation. Let us fight for the justice and compensation you deserve.