In complex injury litigation, having the right medical expert can make all the difference in settlement negotiations. A highly qualified, highly credible medical expert can give both sides a better idea of how much the case is worth and how much a jury would be likely to award if the case went to trial. Here are five key ways a medical expert witness can assist attorneys in settlement negotiations.
In some cases, having an expert is needed to open the door to settlement at all
In medical negligence and birth injury cases, it goes without saying that having a medical expert is essential. A plaintiff can’t even get in the door without a medical expert to establish the standard of care and causation for the injury. As such, settlement negotiations won’t even get off the ground until and unless you have the right medical expert(s) on board.
Medical experts can also clarify complex medical issues
Even experienced medical malpractice attorneys often struggle to understand the intricate details of a claim. By explaining the medicine that applies to the case, an expert can help both attorneys understand what happened and what the implications are, which can, in turn, lead to more productive settlement negotiations backed by verifiable facts.
Experts can quantify damages and losses to help benchmark settlement negotiations
In addition to offering an opinion on the treatment that an injury will require and the associated medical costs, medical experts can opine on other aspects of damages, such as the patient’s pain and suffering or the effects of the injury on their quality of life and ability to work. Effective medical expert testimony can help establish a “high” and “low” on the damages side, which sets the parameters for productive settlement negotiations.
Medical experts can highlight the strengths—and weaknesses—of the case
Compelling and credible expert witness testimony in a deposition can help to convince the opposing party of the strength of your case. On the plaintiff side, if your expert can testify confidently and with a high degree of medical certainty that the standard of care was breached and that the breach was the cause of the injury, that will move the needle in your favor in settlement negotiations. Conversely, if the other side is able to get your expert to admit that an alternative theory of causation is possible or that the standard of care was not clearly breached, that could push negotiations the other way.
Likewise, on the defense side, compelling testimony from your expert can show the plaintiff’s lawyer that their case may not be as strong as they believed or that going to trial would risk a defense verdict.
An expert can convince the other side that you are ready to win at trial
While most cases settle, settlements happen in the shadow of what would happen at trial. If you have an expert who is prepared to offer credible, persuasive trial testimony, you have more leverage over the other side. It’s particularly important to have an expert with a history of testifying for both plaintiffs and defendants since those experts may seem less biased in the eyes of a jury.
Find the right medical expert for your case
In high-stakes medical malpractice and personal injury matters, it’s important to go into settlement negotiations with a credible medical expert in your corner. For over 38 years, the team at Rieback Medical-Legal Consultants has been providing the best in medicine to assist the legal community.
Our medical experts are not only highly credentialed physicians but are also prepared to offer compelling testimony in depositions and, if necessary, at trial. Contact us today to find your expert.