Requirements for Medical Malpractice Experts in Canada

Medical malpractice experts in Canada must have some very impressive credentials as well as a proclivity to identify any early fatal flaws that a medical malpractice case might have. Expert witnesses are heavily relied upon during the trial of a medical malpractice case as their opinions can have far-reaching effects on colleagues, patients, families and public institutions of healthcare. The role of an expert witness is to provide an objective and through opinion on whether or not professional standards of care were taken, if healthcare providers exercised a reasonable amount of knowledge and skill in diagnosis and treatment methods, and if the healthcare provider acted in the normal and prudent manner that other healthcare providers would have under the same circumstances.

Questions to Consider When Selecting an Expert Witness for Your Medical Malpractice Trial

Opinions of medical malpractice expert witnesses are formed after careful review of the relevant standards of care for a particular malady, medical records and other forms of information. Expert witnesses provide both a verbal opinion and will be required to write an expert report as the medical malpractice case proceeds to trial. Before choosing an expert witness to represent your interests in a medical malpractice case, you and your lawyer should ask any expert witness you are considering the following questions.

  • Does this expert have the appropriate expertise required to provide an opinion? Your expert witness needs to have a solid understanding of your case and experience in the issue you are dealing with.
  • Does the expert have any potential conflicts of interest in relation to your case? Any previous involvement with you, your family, the defendant institution, healthcare provider, or other lawyers working on your case qualifies as a conflict of interest.
  • Can this expert provide you and your lawyer with an objective, unbiased, impartial opinion about your lawsuit? You don’t want an expert witness who has any preconceived notions about your case or who may have personal knowledge of the events involved in your injuries.
  • Does your expert have the time to put into testifying at your trial? Many hours of research may be required of an expert witness. Make sure your medical malpractice expert isn’t too busy to properly attend to your needs.
  • Does your expert have the CV to back up any opinions he or she might offer about your medical malpractice case?

Expert Witnesses Play an Important Role in the Success of Your Medical Malpractice Case

Having a believable, personable medical malpractice expert witness is a must if you plan to have a successful outcome to your medical malpractice case. Make sure that your lawyer vets any expert witnesses he or she plans to use well in advance of your trial. You don’t want to be surprised by some conflict or lack of confidence during trial.

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