In the fifteenth episode of our firm’s video web series, which can be viewed below, firm owner John P. Fishwick, Jr., associate attorney Daniel J. Martin, and firm investigator Isaac Van Patten discuss the importance of experts in medical malpractice cases, and what the law requires with respect to experts in such cases. As we explain, in any medical malpractice case we pursue on behalf of our clients, experts play a vital role.
When searching for an expert, it is extremely important to find someone that will be highly regarded and respected by the court and the jury. An expert in a medical malpractice case is a practitioner that practices the same type of medicine as the practitioner in question. Once chosen, and after our firm reviews and scours the medical records, we hand the records off to the expert for their opinion.
Once filed, in order to serve a lawsuit in a medical malpractice case in the Commonwealth of Virginia, you must certify that you have an expert opinion supporting your case. This requirement helps discourage the filing of meritless medical malpractice lawsuits. By serving a medical malpractice lawsuit in Virginia, you are showing the court that you have spoken to a qualified medical expert and they have deemed your evidence to be sufficient show merit in your case. To come to this conclusion, the expert must review the records thoroughly and make a determination based upon their expertise and whether or not they believe that practitioner violated the standard of care regarding the patient. If we receive the certification from the expert, then we can serve the lawsuit in the medical malpractice case.
To keep up with our video web series, you can subscribe to our YouTube channel, where we will regularly post videos discussing our firm, developments of the law, and other areas of interest. If you have a legal question related to medical malpractice or one of our other practice areas, please do not hesitate to contact our office. You can reach us by calling 540-345-5890 or completing our online form.