Expert witnesses in St. Louis medical malpractice cases play a critical role in establishing liability to obtain a settlement. Missouri law requires that a qualified healthcare provider review your case and complete an affidavit stating that malpractice occurred and directly contributed to your injuries and losses.
Beyond this filing requirement, expert testimony is essential for explaining complex medical issues and helping validate your claim. A consultation with a skilled medical malpractice attorney from our firm allows you the opportunity to review your case, discuss your legal options, and get answers to all of your questions.
In St. Louis, state law requires you to file an Affidavit of Merit, also called an expert review affidavit, within 90 days of filing medical malpractice lawsuits. While the court may approve extensions, the court will dismiss the case for failure to file the necessary documentation within the requirement of the statute.
Under Missouri Revised Statutes Section § 538.225, the declaration must state that a lawfully qualified professional medical provider reviewed your case and found that the doctor, nurse, facility, or other healthcare provider failed to meet the accepted standard, which directly caused or contributed to cause your injuries. Our attorneys can work with the potential experts to complete this requirement and guide you through the process.
The expert witnesses in St. Louis medical malpractice claims must meet the statutory requirements, or the court will refuse the affidavit. This includes holding an active medical license in Missouri or another state, and having practiced or taught the same area of medicine within five years of the alleged malpractice that caused your injuries. If the defendant in your case is a board-certified specialist, the healthcare professional serving as the expert witness must also be board-certified in the same or a similar area of medicine.
A strong lawsuit in St. Louis generally relies on expert witness testimony in medical malpractice claims to establish liability and support a claim for damages. The first type of testimony is standard of care testimony in which an expert clearly explains what a competent physician in the same field as the defendant should have done and how they breached that duty.
The second type of testimony needed is causation testimony e, which can include testimony from a forensic pathologist or physician in the relevant field who can testify that the medical errors directly caused your injuries. The third type of testimony relates to damages and possibly life care plan expert testimony. This testimony establishes long-term effects of your injuries and outlines your future medical needs, lost earning capacity, and the ongoing pain and suffering you are expected to experience.
Medical expert witnesses confirm the validity of your malpractice case by carrying out an exhaustive review of your medical records, history, and the specifics of the case. They must ensure the three necessary elements are present, including: a breach, or violation of the doctor’s duty of care; a direct link between the negligence and your injuries; and evidence that you sustained actual damages. The objective is to provide professional testimony, which is critical for substantiating your claim by proving medical malpractice occurred.
You have the right to pursue a claim if you suffer harm at the hands of a negligent healthcare provider. However, these cases are challenging and require an medical expert to review your case and confirm the validity of your claim.
A seasoned lawyer at Zevan Murphy, LLC, can work with expert witnesses in St. Louis medical malpractice cases to complete the filing requirements and support your case to win an award for damages. Call our office to schedule an appointment and learn more.