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What is an “Expert Witness” and why do I Need one?

A: Expert witnesses are called to help the judge and jury understand the case. In the vast majority of medical malpractice cases, the plaintiff will need an expert to prove that their physician acted negligently.

Expert testimony is offered regarding the “standard of care” required of the physician. The “standard of care” is what the reasonable physician would have done in the defendant’s case.

Often, the expert also will testify about the extent of damages caused by the defendant’s negligence.

However, there are some cases that are so obvious that expert testimony is not necessary. These cases are rare, but include instances where the surgeon leaves a sponge or other item inside the patient. This case might not require the use of an expert because the negligence in leaving the item in the patient is so obvious that the jury can easily understand the issues.

Expert witnesses can be expensive, but are required to prove the vast majority of medical malpractice cases.

Client Reviews
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Jeremy Flachs led our complex, high value case to a successful financial settlement. We were very satisfied with his representation and could not imagine another attorney doing a better job. Multiple parties were involved, including insurance companies and hard to locate witnesses. Jeremy was on top of the details at all times, worked hard to keep costs down and responded immediately to our communications. He was also sensitive to the painful and personal nature of our case. We can recommend him without reservation. Judith Watson
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My family and I have turned to the Law Offices of Jeremy Flachs multiple times over the course of the past two decades. Mr. Flachs and his team have always been super supportive, knowledgeable, and responsive as they've helped us navigate legal hurdles. When I was just 18 years old, I was in an unfortunate car accident. Mr. Flachs, through his guidance and counsel, ensured that I received the high-quality medical care I needed. He personally assisted me through each step of the legal process, and was available to answer my questions. More recently, when my mother was in a car accident, Mr. Flachs relentlessly advocated on her behalf. My family and I have only great things to say about this firm and about Mr. Flachs and his team! Donia Ghorab
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My case was complicated and tedious and required the utmost tenacity, intelligence, and resilience, all of which Mr. Flachs possessed with an unwavering commitment to building the strongest case possible. The risks that appeared along the way were offset by Mr. Flachs' determined belief and steadfast approach to leaving no stone unturned. The case eventually settled after a long process, including two failed mediations. With every step, Mr. Flachs dug in his heels deeper and kept fighting. For a personal injury lawsuit, you need a brilliant attorney like Mr. Flachs who is willing to go the distance without reservation. Connie Frigo