Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits.
A Change in the Protocol of Experts
It was very difficult for medical malpractice attorneys to prove that medical malpractice occurred when they were unable to call experts in the field, such as doctors, to testify. Informing the jury of the relevant standards of care and the expected performance and requirements did not hold as much water when a prominent professional in the field was not the one testifying. Thankfully, today, medical malpractice attorneys are able to call any number of expert witnesses who can now shed light on the potential negligence of their colleagues in the field. The unspoken tradition of doctor and physicians refusing to testify against their colleagues in reality only caused an injured victim to suffer. This cultural shift signified a great time for injured patients because it gave tort lawyers and medical malpractice attorneys’ greater leverage to prove their case by painting a much broader picture. Today, both parties are able to call as many expert witnesses to testify as they wish and the jury is able to determine who has presented a stronger case, free from any conspiracy of silence.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.