No medical malpractice case can be successful unless an expert witness,
i.e., a practitioner in substantially the same specialty as the defendant,
testifies to what the defendant should have done, actually did, and how
the latter deviated from acceptable medical practice. For example, a doctor
skilled in pregnancy diagnosis and care must testify about the acceptable
practice methods, and failures to meet them, in a case involving undiagnosed
pregnancy and premature childbirth. Complications of premature birth require
expert testimony, too. Legal evidence rules control who will be deemed
Federal Rule of Evidence 702
According to Rule 702. Testimony by Experts,
If scientific, technical, or other specialized knowledge will assist the
trier of fact to understand the evidence or to determine a fact in issue,
a witness qualified as an expert by knowledge, skill, experience, training,
or education, may testify thereto in the form of an opinion or otherwise,
if (1) the testimony is based upon sufficient facts or data, (2) the testimony
is the product of reliable principles and methods, and (3) the witness
has applied the principles and methods reliably to the facts of the case.
Expert Witnesses in Birth Trauma Cases
In the birth trauma area the plaintiff’s medical doctor testifying
about a cause-effect relationship between the care rendered and the alleged
injury must be prepared to testify with professional certainty that the
irreversible brain damage to an infant could have been prevented with
Of course, these arguments ignore the following facts:
- EFM is available in almost every hospital in the U.S.
- The American College of Obstetricians and Gynecologists ("ACOG")
publishes educational pamphlets for patients emphasizing the benefits of EFM.
- About 83% of the women who gave birth in 1997 had electronic fetal monitoring,
a 22% increase since 1989
Our law firm represents disadvantaged and injured persons and their families
across the United States. The firm provides trial services in courtrooms
before judges and juries on a recurrent basis, and is recognized by its
peers as one of the nation’s most aggressive trial practices. The
firm’s verdicts and cases include dozens of million dollar, several
multimillion dollar verdicts, and one verdict for more than $1.2 billion.
Call us today and tell our
Nebraska medical malpractice lawyers about your case!