Can You File a Claim If Something Goes Wrong During Surgery?

Yes, you can file a claim if something goes wrong during surgery. However, the error must come from your medical professional and cause you direct harm. It must be proven that your provider owed you a standard of care and breached that care. If they acted in a way that the average professional would not have done in a similar situation, you could file a claim.

What Is the Average Settlement for a Medical Malpractice Claim in California?

The average settlement for a medical malpractice claim in California was $317,447 in 2024, according to one source. However, payout amounts vary widely based on the specifics of the case, such as the extent of your injuries, the need for recovery, medical bills, and the long-term effects it can have on the patient’s life.

What Are the Consequences of Surgical Errors?

The consequences of surgical errors are physical, financial, and emotional. These can include: The need for additional surgeries Infections Pain and suffering Emotional and psychological damage Disability In extreme cases, it can also result in death. In some cases, lifelong care may be needed, which can put a financial and emotional strain on the patient and their family.

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

The four things that must be proven to win a medical malpractice claim include: Duty. You must show that the professional owed you a standard of care. Breach. They violated that care. Causation. Their breach caused you harm. Damages. You suffered measurable damages. All four of these must be proven to have a strong claim.

The Role of Expert Witnesses in California Medical Malpractice Cases 2025

Medical malpractice claims can be incredibly complex. Proving negligence in a medical setting typically requires professional insight, which is why it’s so common to see expert witnesses in California medical malpractice cases. Expert witnesses can provide crucial context to the jury in language that the average person can understand, but that’s not all they can do.

If you have been injured as a result of medical negligence, you may need the help of an expert witness to explain the extent of your injuries, show causation, or evaluate a doctor’s breach of the standard of care.

Table of Contents

Common Reasons to Call an Expert Witness in a Medical Malpractice Case

Expert witnesses are used in most medical malpractice cases despite the fact that only 5% of them go to trial. Medical malpractice lawyers often rely on expert witnesses to explain the particulars of a case to avoid having it thrown out by the judge. Given that up to 72% of cases are dropped, denied, or dismissed before trial, that’s a worthy goal. Expert witnesses may also be called upon during negotiations.

Providing Context for the Jury

Medical malpractice cases are often complicated, and they almost always involve terminology not accessible to the layperson. Expert witnesses can translate technical terms and procedures for the jury, ensuring that everyone can understand the complexities of the case—even those without a medical background. They can also provide key context that helps to explain why a specific action constitutes negligence or a breach of the standard of care.

Defining the Standard of Care

A medical malpractice attorney might call an expert witness to testify about the standard of care for a specific specialty, procedure, or condition. Establishing the standard of care is the first step toward proving that the defendant violated it, which can also be easier with the help of an expert witness.

Establishing Causation

To win a medical malpractice case, a patient must prove not only that a medical professional breached the standard of care but also that it directly led to material harm to the patient in the form of injury or death. An expert witness can use medical evidence to establish causation, demonstrating how the provider’s negligence caused the patient harm.

Countering Defense Experts

Expert witnesses are often called to challenge opposing expert testimony. When this is the case, it’s very important to prove the credibility of the expert witness and their knowledge of the specific area of medicine relevant to the case. The jury may make its decision about who to believe based on both the credentials of the witnesses and their confidence on the stand.

California’s Requirements for Expert Witnesses

The Golden State has a specific set of requirements in place governing the use of expert witnesses. Experts must be qualified by knowledge, skill, experience, training, or education. They are required to base any opinions offered to the court exclusively on reliable methods and the principles widely applied within their fields. Expert testimony should be presented early in a medical malpractice case to avoid dismissal before reaching trial.

Why Hire a Medical Malpractice Lawyer?

If you’ve suffered direct harm as a result of a medical practitioner’s negligence or failure to meet the standard of care, you need to hire a medical malpractice lawyer who can help. This is particularly true if your case goes to court. Only 27% of plaintiffs win their cases if they are tried before a jury. You need an experienced lawyer and expert witnesses on your side if you want to prevail.

We don’t just have an intimate understanding of California medical malpractice laws. We can also find expert witnesses to testify on your behalf during your trial, increasing the chances of a positive outcome in your medical malpractice case.

FAQ

Q: What Is the Role of an Expert Witness in a Medical Malpractice Case?

A: The role of an expert witness in a medical malpractice case is to explain to the jury facets of the case that would otherwise not be obvious. An expert witness explains the medical context for the case in understandable terms, assesses the extent of the patient’s injuries, and educates the jury on relevant terms and concepts. Expert witnesses can be called upon both during negotiations and if the case goes to trial.

Q: In What Circumstances Is Expert Testimony Unnecessary in Medical Malpractice?

A: Expert testimony is unnecessary in medical malpractice when the negligence is obvious to anyone, including a lay audience. Examples include issues such as performing surgery on the wrong body part or leaving surgical instruments inside a patient. Issues as egregious as these can only be caused by a doctor’s failure to meet an acceptable standard of care.

Q: What Are the Four C’s of Expert Witnesses?

A: The four C’s of expert witnesses are commonly used to evaluate the effectiveness of an individual at fulfilling the role. The four C’s are: clear communication, coachability, confidence, and candor. In other words, an expert witness should be able to convey information effectively, act as part of a team, display a mastery of the subject, and exercise honesty about the case and their qualifications to testify.

Q: What Is the Standard for Expert Witnesses in California?

A: The standard for expert witnesses in California is that they be qualified to testify based on special knowledge, training, experience, or skill regarding the subject. The testimony must be relevant, and any methods used to formulate an opinion must be widely accepted within the witness’s professional community. California law also requires a detailed disclosure of the expert witness’s qualifications, the specific facts under consideration, and the bases for opinions offered.

Learn More About Expert Witnesses in California Medical Malpractice Cases

If you’re interested in learning more about the use of expert witnesses in California medical malpractice cases as it pertains to your specific situation, just ask us. The team here at Kenneth M. Sigelman & Associates will happily provide you with information relevant to your case. If you’re not yet a client, you can contact us to schedule an initial consultation today.

The Role of Expert Witnesses in California Medical Malpractice Cases (2025)