What should be the focus of medical malpractice cases?

Dr. Bruce G. Fagel notes that medical malpractice cases should focus on the facts and not the experts. In many instances, the veteran attorney shares that the defense can sometimes make the experts the focus of the case instead of the disputed facts.

In California and other states, expert testimony is required in proving claims of negligence against healthcare providers regarding the standard of care and causation. While testimony is necessary, it would be wrong to think that this would significantly affect the trial's outcome.

When a claim is filed, the defense tends to focus only on these expert opinions and the treatment. Bruce G. Fagel explains that this affects the ability of jurors to see the liability. However, he clarifies that medical experts have different purposes at different stages of the claim. From the initial step of filing a claim, one medical expert should agree that there was a mistake. However, there should also be a medical professional that will elaborate on the issue of causation. Many provide these experts with the records and wait to form their opinions based on the facts.

To ensure that the facts not entirely seen in the medical records are understood by the medical experts, Bruce G. Fagel suggests providing a summary of the important facts on the case. This will help experts better form opinions, especially regarding the standard of care. These documents, available at the time of the expert's deposition, can help them understand the plaintiff's side as they become oriented with the facts beyond the records presented. When facing medical malpractice cases, the jury will consider the expert testimony after interpreting the facts presented to them. But if the plaintiff's attorney can help them focus on the factual disputes and steer the direction of the proceedings, the defense mindset that "the medicine controls the case" can be upturned, leading to a realization of the damages done to the plaintiff.

Attorney and physician Dr. Bruce G. Fagel has had continued success in the realm of medical malpractice cases. He has been nominated for and won multiple awards for his practice. His work has been featured in various journals, and he has appeared on several television programs. For more on Dr. Fagel and his work, visit this page.