Feature
this can be a fruitful opportunity for IRs looking to get involved. Dr. Pillai shares his experiences and lessons learned on the stand.
What is the role of a medical malpractice expert witness? Rex Pillai, MD: A medical malpractice expert witness plays a crucial role in legal cases involving claims of medical malpractice. Their role functions similarly whether they are representing the defendant or the plaintiff. The principal objectives of a medical expert witness are as follows:
1. Evaluating standards of care: The expert witness assesses whether the medical professional in question adhered to the accepted standards of care within their field. They determine if the actions taken (or not taken) were consistent with what a reasonably prudent professional would have done under similar circumstances.
IR on the stand
What it's like to be a medical malpractice expert witness By Morgan Kohler
nterventional radiology malpractice suits tend to look different than the average medical malpractice case. Part of this is due to the nature of IR practice:
IRs frequently provide care for the sickest patients in hospitals, often for those who are not surgical candidates. If an adverse event occurs that requires surgery, there may be no resource or salvage care for late-stage patients, which can push treatment boundaries. IRs often work as part of a large multidisciplinary team taking care of these complex patients. In addition, there isn’t always a widespread understanding of what post-IR procedure aftercare looks like.
When it comes to malpractice suits, it’s always best to have an expert witness who understands the nuances and challenges of interventional medicine. But just as there is a lack of IRs providing insurance denial reviews, there are few IRs serving as medical malpractice experts. However, because IRs are familiar with working in many areas of medicine and dealing with vulnerable patients, they can make excellent medical experts.
Rex Pillai, MD, has served as an expert witness for medical malpractice cases for several years. According to Dr. Pillai,
2. Providing specialized knowledge: They offer their specialized medical knowledge to help the court understand complex medical issues. This is essential for judges and juries who typically do not have medical training.
3. Reviewing case details: The expert witness thoroughly reviews all relevant medical records, case files and other pertinent documents. They provide a detailed analysis of the patient’s medical history, treatment received and the outcomes.
4. Formulating opinions: Based on their review, the expert witness forms an opinion about whether malpractice occurred. They consider if there was a breach in the standard of care and if so, whether it directly caused harm to the patient.
5. Testifying in court: The expert witness presents their findings and opinions during depositions and at trial (if required). They explain medical concepts in layman’s terms and provide testimony that supports or refutes the claims of malpractice.
6. Assisting with case strategy: They may work with legal teams to help develop case strategies. This can include identifying strengths and weaknesses in the case, suggesting lines of questioning for depositions
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