In a nursing home abuse or neglect lawsuit, simply proving that an injury occurred is not enough. You must also prove that the injury was a result of the facility’s negligence, and that this negligence deviated from the accepted standard of care. For an untrained layperson, this can be an impossible task. This is where the crucial role of expert witnesses comes in.
An expert witness is a professional with specialized knowledge, skills, experience, training, or education in a particular field. They are called upon to explain complex concepts to a judge or jury who may lack the necessary background to understand the evidence. In an Atlanta nursing home abuse case, expert witnesses are not just helpful; they are essential to proving the core elements of your claim.
Holbert Law has spent decades cultivating a strong network of leading experts who can provide authoritative and compelling testimony. The firm understands that the credibility of these witnesses can make the difference between a successful case and a failed one.
What Do Expert Witnesses Do?
Expert witnesses fulfill several vital functions in a Georgia nursing home abuse case, providing the necessary evidence to link the facility’s actions to the harm caused.
- Establishing the Standard of Care: An expert witness, such as a registered nurse or a geriatric care physician, will explain what a reasonable nursing home or staff member should have done under the circumstances. They will testify about the accepted standards of care for a resident with a specific condition, whether it involves wound care, fall prevention, or nutritional needs.
- Proving a Breach of the Standard: After establishing the proper standard, the expert will analyze the evidence in your case—including medical records, care plans, and incident reports—to demonstrate how the nursing home failed to meet that standard. For example, a wound care expert can show how a lack of proper turning and repositioning led to a severe bedsore, which is a clear breach of standard protocol.
- Determining Causation: An expert’s testimony is vital for proving that the nursing home’s breach directly caused or contributed to your loved one’s injuries. A doctor can explain how a medication error or a delayed diagnosis led to a worsening of a condition or even death.
- Calculating Damages: Beyond proving negligence, experts can help quantify the extent of the damages. A life care planner, for instance, can assess the long-term medical and personal care needs resulting from the injuries. An economist can calculate the financial impact of a wrongful death, including funeral expenses and lost income.
Types of Expert Witnesses in Nursing Home Cases
A strong case often requires a team of experts, each providing a unique perspective. The most common experts in these cases include:
- Medical Experts: These are often the most important experts. They can be doctors specializing in geriatrics, wound care, or neurology, or registered nurses with extensive experience in long-term care facilities. They testify to the medical aspects of the abuse, including the cause, severity, and prognosis of injuries.
- Nursing Home Administrators: These experts can speak to the operational and administrative aspects of the facility. They can testify about issues like understaffing, inadequate training, and poor management practices that directly contributed to the negligence.
- Psychologists or Psychiatrists: In cases involving emotional or psychological abuse, these experts can provide testimony on the mental and emotional trauma your loved one has endured and its lasting effects.
Holbert Law recognizes that selecting the right expert is a critical legal strategy. The firm meticulously vets each expert to ensure they are not only knowledgeable but also have the credibility and communication skills to explain complex medical and technical information clearly to a jury.
The use of an expert witness signals to the opposing side that a case is strong and well-supported by objective facts. This often leads to more favorable settlement offers, avoiding the need for a lengthy trial. By partnering with our Atlanta-based firm who understands the pivotal role of expert testimony, you are building the strongest possible case to hold Georgia negligent nursing homes accountable for their actions.