Most witnesses are limited to giving testimony on the basis of what they themselves saw or heard, during an event or series of events connected to a case. They help to establish facts relevant to the case, or in some cases to cast doubt on information the opposing party has presented as factual. Usually they are precluded from testifying to matters beyond their own experience. Expert witnesses, by contrast, typically have no personal knowledge of a case. Their testimony instead sheds light on subject matter that is not common knowledge among the general public, but that is crucial to developing a thorough and accurate understanding of the case. The role expert witnesses play in medical negligence litigation is often one of clarifying the expectations of the medical community in situations similar to those experienced by the patient seeking remedy. Reach out to the medical injury team at Erin Marshall Law to discuss the potential role of expert witnesses in your own medical negligence case. Call 505-218-9949 to speak with our Albuquerque office today.
What Is an Expert Witness?
Cornell Law School’s Legal Information Institute (LII) explains that expert witnesses are individuals with substantial knowledge of specialized subject matter that is germane to the case. Although these experts are retained by one side or the other in a legal dispute, the role of each expert is less to present facts favorable to either side than to provide explanations that may assist the “finders of fact” (judges or juries, depending on whether the litigation is proceeding before a jury vs. in a bench trial) to understanding key pieces of information that are essential to the case but whose significance may not be immediately obviously to individuals without an expansive background in the relevant field.
Medical Negligence and Malpractice Law
Some states draw a greater legal distinction between negligence and malpractice than do others, with the states that emphasize a difference usually marking “malpractice” as a more significant or egregious departure from professional standards. In New Mexico, the law governing tort claims against medical practitioners is the Medical Malpractice Act (MMA), originally passed in 1976 and substantially updated in 2021, according to the New Mexico Nurse Practitioner Council.
N.M. § 41-5-3(I) defines “malpractice claim” as “any cause of action” in against a health care provider in New Mexico for any of the following:
- lack of medical treatment
- medical treatment
- departure from accepted standards of health care
that constitutes the proximate cause of patient injury. Of note, in New Mexico medical malpractice may cover not just torts (loosely speaking, “wrongs” – negligence is by far the most common basis for tort claims), but also contract violations.
Significance of New Mexico’s Medical Malpractice Law
Generally, what all of the above means for New Mexico residents is that the provisions allowing individuals to seek remedy for inappropriate or inadequate medical treatment are found under the MMA, and do not require plaintiffs to meet a different standard for “malpractice” vs. “negligence,” as medical negligence cases fall under malpractice law in New Mexico.
This can be both advantage and a disadvantage for injured patients seeking compensation; states that make a legal distinction between medical negligence and medical malpractice also frequently require plaintiffs to prove more egregious conduct to win malpractice claims than to win personal injury cases alleging negligence. New Mexico’s framework means some “leveling” of these requirements, and substantial legal protections for medical professionals across the board.
Elements of Negligence in Malpractice Cases
In any civil tort case founded on allegations of negligence, there are specific elements that the plaintiff must prove to show that the defendant acted negligently in a way that caused the plaintiff to suffer harm (and that the defendant therefore owes the plaintiff compensation). Briefly, the elements of negligence a plaintiff must prove are:
- Duty of care (the defendant’s responsibility toward the plaintiff)
- Breach of duty (whatever the defendant did or failed to do that failed to show an appropriate degree of care to prevent harm)
- Damages (the harm suffered by the plaintiff)
- Causation (the contingency of the plaintiff’s damages on the defendant’s breach of duty)
Each element must be proven individually in order to prove that the defendant is liable for negligence. A medical malpractice lawyer with Erin Marshall Law may be able to walk you through how the elements of negligence might apply in your own case.
Duty of Care and Professional Responsibility in Medical Negligence Cases
In most situations, the “duty of care” plaintiffs must prove in personal injury cases based on negligence is the degree of care an ordinary person could normally be expected to take under the same circumstances as those established in the case. In medical malpractice cases, however, the duty of care is generally understood to be held to a higher standard. A physician is responsible not just for taking the degree of care the average person would be expected to take to prevent harm to a stranger, but for treating them in accordance with the standard of practice accepted in the medical community for the patient’s condition. Breach of duty, in a case based on medical negligence, is a failure to apply and uphold this standard in diagnosing and treating a patient.
Duty vs. Standard of Care: Testimony From Expert Witnesses
The duty of care in cases of medical negligence is based on a medical professional’s duty to treat each patient in keeping with the “standard of care” acknowledged within the medical community, based on the patient’s diagnosis and overall condition, and taking into account the severity of his or her symptoms and any risks posed by known comorbidities, but for obvious reasons most people outside the medical profession are likely to be unfamiliar with the standard of care that would apply in a particular situation. In medical negligence cases, therefore, often the role of expert witnesses is to help the court understand what the standard of care should have been in a particular case.
Specialized Fields and Medical Community
Sometimes the knowledge shared by expert witnesses may be narrowly targeted to a specialized area of medicine, such as oncology or neurology. At other times, it may be information of the “general practice” type frequently found among internists and primary care physicians. In either case, the aim is to provide context so that the judge or jury can set the defendant’s treatment of the patient or plaintiff alongside the normal expectations shared within the relevant area of medicine in order to effectively assess whether the defendant’s conduct constituted a substantial lapse in the accepted standard of care.
Linking Treatment to Standard of Care
Only if the defendant’s treatment of the patient fell short of the “proper standard of medical practice recognized in the community” will the medical professional be found to have breached the legal duty of care owed by a healthcare provider to a patient under the New Mexico Medical Malpractice Act. Proving a breach in the duty of care owed by the physician to the patient is not the only element that will be needed in order to prove a case based on medical negligence. Owing to the specialized knowledge needed to understand what the medical community recognizes as the standard of practice in a given situation, often this point can be one of the most difficult to clarify, as well as one of the most hotly contested by the defense. The testimony of expert witnesses can sometimes be pivotal in ensuring that the plaintiff is able to advance a clear and compelling argument to persuade the court.
Discuss the Role of Expert Witnesses With a Medical Injury Lawyer
Expert witnesses can provide extraordinarily valuable services in medical negligence cases. These authorities help to provide the court with insights based on their deep knowledge and experience of medical practice – insights that can be essential to demonstrating when and how a health care provider’s actions diverged from the standard of care accepted within the medical community. At Erin Marshall Law, we take great care to identify and build relationships with expert witnesses whose testimony will be clear, concise, and impactful due to their genuine expertise. Establishing the credibility and authority of expert witnesses is often a crucial part of our preparation for trial when a medical negligence claim proceeds to litigation. Contact our Albuquerque office at 505-218-9949 today to discuss how expert witnesses may help to prove medical negligence in your own case.
