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What You Should Know About Expert Witnesses in Maryland Medical Malpractice Cases

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Navigating a Maryland medical malpractice claim can be an overwhelming experience. Medical malpractice cases are among the most complex personal injury cases. Often, these cases involve scientific and technical details that require knowledge that most people don’t possess. One tool that is used in medical malpractice cases to ensure justice is the use of expert witnesses. Generally, expert witnesses can help establish crucial facts and provide clarity. Here is what you should know about expert witnesses in Maryland medical malpractice cases.

Who Is an Expert Witness in a Maryland Medical Malpractice Case?

While eyewitnesses testify about what they saw or heard, expert witnesses offer insights based on their specialized knowledge, training, or experience. In medical malpractice cases, expert witnesses are usually medical professionals with vast knowledge and expertise in a particular field of medicine. Basically, expert witnesses need to possess special knowledge or information the court and jury don’t have.

Maryland Laws on Using Expert Witnesses in Medical Malpractice Cases

Maryland Rules of Evidence outline the procedures for appointing and using expert witnesses in medical malpractice cases. Under Rule 5-702, for a party to be admitted as an expert witness in a medical malpractice case, they must show they are qualified by some knowledge, training, or experience. Second, they must show the appropriateness of the expert testimony on the particular subject. Finally, to be admitted as an expert witness, one must demonstrate a factual basis for their opinion. If there aren’t any facts for the expert to review, they can’t testify.

In Maryland, there is a unique rule that governs who can be used as an expert witness in medical malpractice cases. In Maryland, an expert must actively participate in their field. According to Md. Code, Cts. & Jud. Proc. Art., § 3-2A-04(b)(4)(ii), for an expert witness to testify in a medical malpractice claim, they may not have devoted more than 25% of their work toward testifying as expert witnesses during the twelve months preceding the date the claim was filed. There is also a requirement under another section of the code that expert witnesses must possess clinical experience within five years of the date of the alleged act or act giving rise to the medical malpractice claim.

How Are Expert Witnesses Used in Maryland Medical Malpractice Cases?

First, in Maryland, medical malpractice cases require experts to provide a certificate of merit or qualified expert report affirming that the expert has reviewed the case and believes the plaintiff’s claims are valid. This helps prevent frivolous claims.

Second, medical expert witnesses explain complex details about what occurred. Many medical malpractice cases involve scientific and technical details that are difficult for a layperson to understand.

Third, expert witnesses in medical malpractice cases can explain how the medical professional was at fault.

A fourth but rare reason for involving experts in medical malpractice cases is so they can research or investigate. In such cases, the judge selects and appoints the experts, not the involved parties.

Contact a Towson Medical Malpractice Lawyer

If you were injured due to a medical professional’s negligence, contact our Towson medical malpractice lawyers at Hardball Law for a case evaluation. We serve clients in Towson, Baltimore, and throughout Maryland.

Source:

govt.westlaw.com/mdc/Document/N70A26650EA9511EBBE35EA738D8E1915?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

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