We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Medical Malpractice Expert?

By Christy Bieber
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A medical malpractice expert is a witness who is qualified, by education or experience, to testify at a personal injury trial alleging medical malpractice. Within the United States, medical malpractice is a tort action, in which the plaintiff who is injured sues the doctor in civil court and attempts to recover monetary damages. The plaintiff must prove his case, and he can do so with the help of a medical malpractice expert witness who is called to testify.

There are two major reasons for medical malpractice lawsuits to be brought. The first is less common and involves litigation when a doctor failed to obtain lack of informed consent. Patients have a right to be made aware of the risks and benefits of any medical procedure, as well as of any potential alternatives, and then the patient has a right to determine whether he wants to continue with the procedure. If a doctor fails to explain his actions or doesn't get permission or truly informed consent, he can be subject to a malpractice lawsuit.

The more common type of medical malpractice litigation occurs when a doctor fails to behave with the level of care expected. All doctors must perform with a degree of skill appropriate from a reasonably qualified doctor. If a doctor falls short of this duty and fails to behave with reasonable competence, he can be sued and found guilty of medical malpractice.

To prove a case, therefore, the plaintiff must prove the doctor did not act with the legally required level of skill. A medical malpractice expert is essential to proving, or disproving, that fact. The medical malpractice expert must be someone who can speak of and attest to the reasonable level of skill and who can comment on how the doctor's behavior compared with that minimum standard.

Generally, a physician or other such expert is called upon to be a medical malpractice expert. He can then issue his own medical opinion about what a competent doctor would have done, and perform a medical evaluation and exam to determine whether the doctor on trial behaved improperly. Generally, he must have a high level of skill and experience within the field to assess whether the actions and behavior of the other doctor were inappropriate or not. The court may have to certify him as an expert, which means it may need to agree that the witness' skills, experience, background and education are such that they qualify him to be an expert and issue his opinion to a jury.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.