- In Ohio, qualified medical experts are required to sign an Affidavit of Merit for all malpractice claims before they go to court.
- Expert witnesses must spend half or more of their time either in active clinical practice or teaching at an accredited school in their field when the malpractice occurred or when the claim was filed.
- Expert witnesses also add value to a claim, including establishing the proper standard of care you should have received, translating complicated medical jargon, and quantifying the damages you incurred.
Expert witnesses play an important role in medical malpractice cases, but are they necessary? Can a claim be successful without an expert’s opinion? We take a look at the legal requirements below and steps you can take if you or a family member were hurt by a medical mistake.
Understanding Expert Witness Requirement Laws in Ohio
The law in Ohio mandates that medical negligence claims are supported by what is called an “Affidavit of Merit” from a qualified medical expert. This means that an expert witness must effectively “sign off” on a malpractice claim before it can go to court.
There are also legal requirements that an expert witness must meet for their affidavit to be valid. The witness must have devoted a minimum of 50% of their time to active clinical practice or teaching at an accredited school in their field of expertise either at the time the alleged malpractice happened, or on the date the claim was filed.
The Value of Expert Witnesses in Medical Malpractice Cases
Not only are expert witnesses legally required for Ohio medical malpractice cases, but they can also:
Establish the Proper Standard of Care You Should Have Received
A medical expert’s job is to show the jury what care you should have received compared to the care you did receive.
Since they are an authority in the same field as the physician or facility that caused harm, they can testify to the accepted standard of care and how your treatment deviated from it. By comparing the care the patient received to the care they should have received, an expert can help show that the poor outcome was not simply unavoidable but the result of preventable negligence.
Illustrate How the At-Fault Party or Parties Were Negligent
How a medical error changes the course of a victim’s health is a key component of Ohio malpractice cases. Not only can an expert witness discuss proper care and what that would have looked like, but they can also paint a picture of how following correct protocols would have prevented the victim’s poor outcome.
This helps juries get a better idea of how the provider’s actions directly affected the victim and connects the error to the harm done.
Translate Complicated Medical Jargon for Jurors
Most jurors are not well-versed in medical terminology and may not understand specific terms that are used in a malpractice claim. An expert witness typically has experience testifying in court and can give plain-language explanations for complicated jargon. This helps jurors better understand what happened, where things went wrong, and how your life is impacted as a result.
Quantify the Damages You Incurred
Specific types of experts may be used for different parts of your case. For example, a forensic accountant can testify to how much your claim is worth, including future medical expenses and lost wages you would have earned. Or, a mental health expert can discuss how the impact of malpractice has affected you emotionally, far beyond the physical and financial damages.
Learn more about how to hire an expert witness for your Ohio malpractice claim.
The Mellino Law Firm Fights for Ohio Malpractice Victims
At The Mellino Law Firm, we’ve spent over 40 years fighting for the rights of medical malpractice victims across Ohio. If you or a family member were harmed by a medical mistake, don’t hesitate to get in touch with us to figure out your next steps. Call (440) 333-3800 today to get started, or contact us online, and we’ll reach out to you as soon as possible.