Is the deck stacked against the medical malpractice plaintiff?

The short answer:  Yes.  The defendant doctor will always have her pick of qualified experts eager to testify no malpractice was present.  The experts are purchased by the insurer providing coverage for the doctor, and the likelihood is that the expert(s) have worked with insurance-selected defense counsel previously, or have a track record of working for defendants in such suits.  In stark contrast, the plaintiff must search diligently and exhaustively to find a physician who is credible, articulate, sufficiently motivated, and otherwise qualified to act as an expert physician for the patient in these cases.  Often potential cases do not progress forward precisely due to the inability to locate an expert willing to so testify.  The laws of our State require expert medical testimony in order to proceed to trial, unless the cause of the damage and injury to the patient is patently obvious to the layperson (retained object, etc.)

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Washington State Association for Justice