What happens if the defense objects and asks the judge not to allow your expert witness to testify because the expert’s opinions are not in accordance with the other doctors of their particular specialty?
The Opinions of Your Expert Witness are not Popular
During the course of a medical malpractice trial, you as the injured victim will be required to convince medical experts to support your claim. Now what happens if the medical expert you have brought in to testify does not share the same opinion as the majority of doctors in a similar field? This doctor believes and comes to conclusions that are very different from the majority of other doctors in the same specialty. Does this mean their opinion does not matter or should be rendered mute?
Can such a Witness Testify?
Can your expert still testify? The answer is, yes he can. Just because a doctor comes to different conclusions compared to the majority of other doctors in the same domain, it does not mean the doctor is wrong. It only means this doctor is in the minority, and the fact that he is in minority does not prohibit him from providing their opinion on the matter.
The judge will allow such a witness to testify, assuming he has the required credentials, and ultimately it will be up to the jury to determine, whether the expert has been able to show that you are more likely right than wrong. Based on the expert’s testimony, the jury will be deciding whether the doctor violated the basic standards of medical care, and such violation was the direct cause of your set of injuries.
The Jury has to Determine whether You are More Likely Right than Wrong
When you invite a medical expert to testify in your medical malpractice case, your main intentions will be to entice someone to side with you who works within this same specific medical community. In every medical malpractice case in New York, the plaintiff will bring in medical experts and so will the defense. The result is, two diametrically opposed opinions. Two conclusions that are totally different, looking at the same exact set of facts.
You will be wondering how that is possible? Well, the reality is jurors do not have to sit for weeks on end trying to determine if you are a hundred percent correct, and hundred percent certain that what you are claiming is true. Instead, the jury only has to determine if you are more likely right than wrong.
The Majority could be Wrong
Can a doctor who does not have a majority opinion consistent with many other doctors in the community be able to give testimony in a medical malpractice case in New York? The answer is yes and here is a critical point. His testimony may confirm that the majority thinking is wrong, and therefore one of the major reasons why the judge will allow such a witness to testify in a medical malpractice case. Just think about history. No one believe Thomas Edison could produce light, Einstein could prove the shape of the universe, Tommy Thompson could pick up gold on the bottom of the ocean floor, and so on.
Just because someone is in the minority does not make them a fool, it could mean they are just wiser or have more understanding of a particular topic than everyone else.
Therefore, you can present an expert witness at your medical malpractice trial, who may have opinions that are different from most other doctors in the same specialty.