The Importance of Expert Witnesses in Michigan Medical Malpractice Cases

Expert witnesses play a crucial role in determining whether a Michigan medical malpractice claim succeeds or fails. Initially, they serve as the backbone of the case, providing the evidentiary support a plaintiff needs to begin a lawsuit. As the case goes forward, they provide objective, scientifically grounded testimony to help judges and juries understand complex medical issues.

Why Michigan Law Requires Expert Testimony To Begin a Medical Malpractice Case

To begin a Michigan lawsuit, a plaintiff must prepare and file a complaint, which is a document that describes how someone’s violation of the law caused them harm and what damages they suffered. To file a Michigan medical malpractice lawsuit, a plaintiff needs something more: an affidavit, or sworn statement, from a medical expert supporting their claims. Why does the state put this extra burden on medical malpractice plaintiffs?

Medical malpractice cases allege that a healthcare provider breached the “standard of care,” which refers to the level of skill, attention, and diligence that a reasonably competent professional in the same field would have provided. Failing to meet the standard of care is called “professional negligence” or “malpractice.”

Michigan is one of many states that require a plaintiff to file an “affidavit of merit” to proceed with a medical malpractice complaint. State legislatures enacted these requirements to reduce the number of baseless or unfounded medical malpractice lawsuits.

The affidavit of merit is a sworn statement by a qualified expert who has reviewed the plaintiff’s complaint and medical records. It certifies:

• The applicable standard of care.
• The expert’s opinion that a healthcare provider or facility breached the applicable standard of care. 
• How the provider or facility should have complied with the standard of care.
• How the provider or facility’s breach caused the plaintiff’s injury.

An expert submitting an affidavit of merit in a Michigan medical malpractice case must:

• Hold the same board certification as the defendant physician (if applicable).
• Have practiced or taught in the same specialty during the year before the alleged malpractice.
• Be qualified by knowledge, skill, experience, training, or education.

A qualified expert’s opinion is required to establish that a defendant’s breach of their professional duty directly caused the patient’s injury. While it may seem like an extra burden to submit an affidavit of merit at the beginning of the case, expert testimony plays a critical role throughout a medical malpractice claim.

Using Expert Testimony To Explain How an Injury Occurred

Medical malpractice claims often involve complex medical issues and specialized knowledge. Scientific and technical expert witnesses translate medical jargon and interpret medical records to provide clear, understandable testimony. This helps jurors understand what happened and how a provider fell short of their duty of care.

A plaintiff may use expert testimony to explain:

• Medical causation. Medical experts may explain how a surgical error, delayed diagnosis, or medication mistake caused the patient’s injury. They can walk the jury through the patient’s medical records, pointing out mistakes or signs of negligence and the harm they caused.
• Reconstruction and analysis. Technical experts can use tools like computer simulations, data analysis, and incident reconstructions to illustrate how an injury occurred.
• Environmental or toxic exposure. Environmental health and safety experts can describe how contamination or unsafe conditions led to a patient’s disease.

Experts can help the jury understand what a provider did wrong and how it harmed the plaintiff. Presenting technical details clearly, understandably, and convincingly can be the difference between an inconclusive case and a successful verdict.

Using Expert Witnesses To Establish a Case’s Value

Besides proving a provider or facility’s negligence caused harm, expert witness testimony is essential to show how much a plaintiff’s claim is worth. In complex medical injury cases, a plaintiff may have multiple experts testify about the short- and long-term consequences of their injury.

Experts, such as medical economists, rehabilitation specialists, and life care planners, can testify about the necessity and cost of various types of injury-related expenses. These may include:

• Ongoing medical treatment and therapy.
• Long-term care needs.
• Lost earning capacity.
• Anticipated future medical complications.
• The impact on the plaintiff’s quality of life.

Expert testimony helps paint a vivid, persuasive picture of the plaintiff’s financial, physical, and emotional damages. It can help ensure a settlement or verdict fairly compensates the plaintiff for the full scope of their loss.

Contact the Experienced Attorneys at Sommers Schwartz, P.C.

A successful Michigan medical malpractice case depends on expert witnesses. They provide the legal foundation for proving negligence and ensure the jury recognizes and values the full scope of a plaintiff’s damages.

If you or a loved one suffered harm due to suspected medical negligence, you need a law firm with experience securing credible, qualified expert witnesses. The medical malpractice attorneys at Sommers Schwartz, P.C., have decades of experience working with experts to secure the compensation our clients deserve. Contact us today to schedule a free, confidential, no-obligation consultation.