Best Qualifications Of A Dental Expert Witness

What happens when a dental procedure that should have been routine goes horribly wrong

? Often the only recourse is malpractice litigation. The main hurdle in these kinds of cases is the very nature of dental repair. Dentistry is an inexact profession in the sense that every individual case is different, and there is often no precise measurement of right or wrong, only the end result of the procedure. The ultimate decision is left to jurors, who must rely on the testimony of a dental expert witness.

The fact is that over half of all malpractice cases are decided in favor of the defendant, and these whether cases are won or lost is based to a large extent on expert witness testimony. Malpractice claims usually are based on accusations that the doctor or dentist provided care or treatment that was below standards, and resulted in physical or mental injury to the patient. The witness is supposed to provide unbiased scientific data that supports one side or the other.

The technical information presented by lawyers on both sides can be difficult to understand for the average juror. One job of the expert is to explain in common language exactly what exactly was done, what it entailed, and what the injurious result may have been. Anyone claiming to be an authority in this area must be have up-to-date scientific knowledge in order to help lawyers on either side of the argument prove the case.

What are the qualifications that make a dentist "expert"? There are actually two different kinds of witnesses, those who testify and those who do not. An expert who actually testifies makes an appearance in court in front of the judge and jury. The non-testifying witness evaluates the aspects of the case in order to determine if there was any deviation in medical or dental procedures, or if actions taken by the defendant were unusual or potentially harmful. This type of witness generally doesn't appear in court, and often their names are often not attached to documents.

There are several things to consider when choosing a medical expert. First of all, he or she should be well-informed and educated in the area the case involves. This means that anyone considered to be an authority should have enough personal experience in a particular field to be able to explain the exact nature of an injury, how it occurred, and why the doctor or dentist was right or wrong in his actions. This testimony should not be technically confusing to a jury.

It is also very important that the dentist or doctor is highly regarded and respected by peers. Someone lacking credibility gained through personal experience will not have an advantage in court. This person is there for only one purpose, and that is to help win cases. If jurors or lawyers don't respect his authority, chances are the case will be lost. Medical litigation requires that a testifier be honest about his qualifications and thorough in his understanding of the technical aspects of a case, and present an unbiased report.

This type of testimony requires a specialist in the area concerned. He or she should be certified by an officially recognized specialty board. The witness should have a minimum of five years' experience in a particular area, or have taught in a respected university. They should be current on all procedures, and not have been retired for more than two years. It helps if this individual has experience in previous testimonies, and is familiar with tactics used by lawyers. It is also an advantage to have no ties to local dental establishments, while not being too far away to easily make court appearances.

This person can make or break a case for either side. It is advisable to avoid using a medical expert witness who has never testified against other medical professionals, and who may be intimidated by pressure from colleagues. Likewise, selecting someone known for popular books or media appearances is not recommended, because this requires time, effort and usually travel, and visibility is no guarantee of success. The best source of a dental expert witness is a medical legal service who will back up their choice of experts, and charge reasonable fees. While there is no absolute guarantee of success in any courtroom procedure, a legal service-provided witness will be able to provide the most viable and accurate testimony for either the plaintiff or defendant.

by: Adriana Noton

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