Like any other traditional courtroom trial, medical malpractice claim proceedings are evidence-driven. With that, one of the strongest driving forces you can have in your toolbox, so to speak, is witness testimony. In short, witness testimony can help you better explain what kind of mistake a physician made, how it caused them to fall below acceptable medical standards, and how it has impacted your health and quality of life thereafter. You should understand that prospective witnesses are not limited to the physicians present in the same office or operating room where the wrongful conduct was committed. So with that in mind, please continue reading to learn who you can ask to testify on your behalf in your upcoming case, and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C., can help if you run into any issues executing this.
Who can testify in my medical malpractice case, and why do they matter?
In a medical malpractice case, witnesses who may testify fall under two general categories: lay witnesses and expert witnesses. Firstly, lay witnesses are individuals who may have firsthand knowledge of the facts surrounding your claimed malpractice incident. For example, a close family member of yours may have watched your physical health rapidly decline after your physician diagnosed you incorrectly or too late. Or, nurses or other hospital staff members may have witnessed your physician’s poor treatment decisions for you, or were ordered by the physician to administer the wrong type or dosage of medication to you.
Secondly, expert witnesses are individuals who may not have necessarily been present or involved in your medical journey up until this point. Rather, they are usually licensed medical professionals in the same or similar specialty as the accused physician, who can help the judge and jury better under the context of the complex, highly technical medical incident at hand. That is, after evaluating all the submitted evidence, they may explain what the standard of care typically is in this given situation and offer their expert opinion on how the defendant most definitely fell short of this standard.
What if no one wants to testify, or I can’t find a witness for my case?
Even if you feel the support behind closed doors, when it comes down to it, your family members may be reluctant to testify publicly in your medical malpractice trial, whether it be due to a fear of being cross-examined or otherwise. On top of this, nurses and hospital staff may be worried about testifying against their colleagues and face workplace retaliation. Well, this should not discourage you from proceeding forward with your case. Rest assured, your attorney may work tirelessly on your behalf to order subpoenas, which may make witnesses legally required to appear in court or otherwise provide their personal statements.
Besides hiring an expert medical witness, you may also rely on your tangible documentation of your medical malpractice accident. Namely, you may have sufficient doctor’s notes, prescriptions, lab results, treatment logs, etc., that strongly support your argument. When in doubt, you can always testify in your own case. Here, you may discuss your initial symptoms, conversations with the physician, and your overall experience. If you feel at all nervous about doing this, your attorney may coach you before it is time to stand before the judge and jury.
That said, if you wish to explore your legal options moving forward, please allow a skilled New York City medical malpractice attorney from Mark L. Bodner, P.C., to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.