Most laypeople do not have independent knowledge regarding the level of care doctors must provide to their patients. Thus, in a case in which a plaintiff alleges that a physician breached the applicable standard of care and committed malpractice, the plaintiff typically must provide an expert report in support of his or her position. The need for expert testimony in a medical malpractice case was the topic of a recent opinion issued in a case in which the plaintiff asserted medical negligence claims against the defendant. If you suffered injuries because of inept medical treatment, you might be owed damages, and you should speak to a Maryland medical malpractice lawyer as soon as possible.
The Plaintiff’s Harm
Reportedly, the plaintiff received care at a hospital managed by an agency of the federal government for an ulcer. He was prescribed medication and discharged but later developed periodontitis. He then filed a medical malpractice lawsuit against the federal government pursuant to the Federal Tort Claims Act, arguing that the medication caused his periodontitis and other harm. Following the close of discovery, the defendant moved for dismissal of the plaintiff’s claims via summary judgment, arguing in part that the plaintiff failed to produce expert testimony in support of his claims.
Expert Testimony in Medical Malpractice Cases
The court explained that, under the relevant law, the plaintiff was required to demonstrate the applicable standard of care, a departure from the standard by the defendant, and a causal relationship between the departure and the plaintiff’s harm. Typically, the court noted, each of these elements must be established by expert testimony in medical malpractice cases. Continue Reading