Shunteria S. McIntyre was ill during her entire pregnancy a few years ago and sought treatment from multiple hospitals while she was pregnant. When she gave birth in early 2009, her child was stillborn. Soon after that, she underwent a surgical procedure.
Three days later, McIntyre died.
Her estate began pursuing a malpractice case against two doctors, two hospitals, and a medical practice. Problems started to arise when issues involving their expert witness arose.
Today, we want to bring you a story that shows just one example of how hard it can be to win a medical malpractice lawsuit, not because you do not have a case, but because the other side will do anything to make sure they do not lose.
The Expert Witness
For most medical malpractice cases there is a pre-suit investigation process that is designed to help resolve cases before they go to trial. Part of that process involves plaintiffs offering opinions from expert witnesses about the medical issue at hand. For this case, the McIntyre estate used a Texas obstetrician and gynecologist as their expert witness.
The witness had over 30 years in the field and had served as chief of OB-GYN at a large hospital. For most, her testimony would not have been a problem.
Remember, though, the defense has one thing on their mind – destroy the credibility of everyone coming after them so they do not have to pay a settlement.
The defense said that, because the expert witness had retired and had subsequently entered a new career in law, her testimony should no longer be considered an expert.
The case ended up in front of the Florida Supreme Court and the testimony was deemed credible for this case, but the court was closely split on the decision.
What This Means
If you have been hurt by a medical professional, someone you trusted with your care, then you should pursue a medical malpractice case to recover compensation. We want you to be aware of just how difficult these cases can get.
Hospitals, doctors, nurses, and other professionals will have insurance companies that defend them, along with their own legal teams, and they will do everything that they can to smear the victim. Without legal assistance, these cases are nearly impossible to win.
What You Can Do
If a medical professional has been negligent in their duty and you or a loved one have been harmed or become ill because of their actions, seek legal assistance today. The Law Offices of Bradley S. Hartman are ready to step in and fight for you. We want to make sure that you receive compensation for all related medical expenses, lost income if you have missed work, as well as pain and suffering damages. When you need a medical malpractice attorney in Cooper City, you can contact us by clicking here or calling us at 954-438-1000 for a free consultation. You need to focus on healing – we will focus on helping you.