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Using Expert Witnesses During a Medical Malpractice Case in Illinois

Posted on in Medical Malpractice

Rockford personal injury attorneysNobody ever goes into their doctor’s office expecting them to make a mistake or harm you. However, that is exactly what happens to hundreds of thousands of people each year. There is no single reliable source that is used to gather medical malpractice statistics. However, one study from Johns Hopkins found that an estimated 250,000 people die every year because of medical mistakes. Other studies cite that number being as high as nearly double that. If you have been injured because of the negligence of your doctor, you might be eligible to file a medical malpractice case to help recoup some of your losses. In many cases, your attorney will utilize expert witnesses in various ways to gather information for the case and to help prove your point in court.

Requirements for Expert Witnesses

If you want to call an expert witness to testify during parts of your case, you will have to make sure that they are credible. You cannot just call up any person to testify for you -- they must meet certain requirements. According to the Illinois Code of Civil Procedure, in any case that brings into question the standard of care of a medical professional, there are a specific set of criteria that must be met before a witness qualifies as an expert witness and can testify as such in court.

When determining whether or not a person can testify in court as an expert witness, the court must consider:

  • The relationship between the medical specialties of the witness and the medical issues present and treatments used with the patient
  • Whether or not the witness has devoted a significant amount of time to practicing medicine, teaching, or researching a specific topic in relation to the medical issue or treatment at issue
  • Whether the person wishing to give their testimony is licensed in the same profession as the defendant
  • If the witness is a non-specialist, whether or not they can show that they are sufficiently familiar with the standard of care in Illinois

Consult With a Winnebago County Medical Malpractice Attorney Today

If you have suffered an injury at the hands of the person who was supposed to be your healer, you should speak with a Rockford, IL medical malpractice lawyer. At Mannarino & Brasfield, A Division of KJS, we routinely call expert witnesses in our medical malpractice and personal injury cases. Get in touch with our team today by calling our office at 815-215-7561 to schedule a free consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+VIII&ActID=2017&ChapterID=56&SeqStart=55200000&SeqEnd=67000000

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