People in general don’t think of malpractice cases while getting treatment for eye disease or surgery. This is because when we choose our doctors, we ensure that they are professional, experienced and have good knowhow of their performance. Above all, we believe that a doctor is someone who can help us during our tough phases. This is probably the main reason why we don’t emphasize much on malpractices. However, if you have been a victim of eye surgery malpractice, then you’ll need to know the importance of an expert ophthalmologist witness and how they can help you in collecting damages.
- A bad outcome of a surgery is not always a malpractice– No matter how professional the doctor is, it is impossible to determine how the patient will respond to a surgery. If your eye disease isn’t cured, this doesn’t mean that you are a victim of malpractice. To build the case strong, it is important to prove that the surgeon has failed to offer the accepted standard of care and due to this breach of conduct, the patient has sustained injuries.
- The claim brought by the plaintiff will not affect the defendant’s ability to practice– This means that if you have made a claim against the surgeon, it does not mean that the license will be taken away. Taking away the license of a doctor usually happens when the conduct is highly egregious.
- You have to make your decision within a certain time– This is known as the ‘Statute of Limitation’. There’s a certain time limit within which the lawsuit has to be filed. For instance, the statute of limitations for Arizona is two years from the date of the procedure that caused injuries to you. It is a malpractice attorney and an eye surgery expert witness who can guide you best on this.
- You may not be required to go to court– Most of the malpractice cases are sorted out outside the court. Settling the matters outside the court is the best because it saves your time as well as lawsuit cost. However, there are times when the matter needs to be taken to the court. This happens when the insurance companies don’t want to pay you the deserving compensation amount. A lot of factors need to be understood before accepting a settlement offer.
You should consider the above points if you have been a victim of medical malpractice. In this context, you need to understand the role of expert witnesses in this matter. A retina surgery expert witness helps the attorney to build the case strong. Without their testimony, it is impossible to understand the complex elements of the case. Surgical errors are complex and technical in nature. Expert witnesses are experienced and licensed surgeons who have knowledge and expertise to deal with these cases. They can simplify the matter to the jury to clarify the complex elements and this in turn helps the decision-makers to give their final judgment on the matter. Though the opinion of the expert witnesses are not binding on the jury, the testimony provided by these expert witnesses are crucial.