subject: The Benefits Of Using A Medical Expert Witness [print this page] The Benefits of Using a Medical Expert Witness
Medical malpractice usually takes place when a professional such as a physician, dentist, surgeon...etc, fails to provide a quality standard of care that result in physical or emotional harm to a patient. In many instances, the victim will sue the professional in an effort to seek damages for the harm that has been caused. Damages sought can be the result of failure to prevent a probable injury, failure to provide appropriate treatment, failure to provide the proper test results, and more. As well, medical experts can be used in cases that involve an accident where one party is accused of negligence. When a malpractice case goes to court, both the defendant and plaintiff will make use of an expert witness. The benefit of using these witnesses makes them one of the most important components of a medical malpractice case.
These witnesses are experts in the area of the particular injury that resulted in the malpractice case. For instance, they can be heart surgeons, Dentists, Psychiatrists, Pediatricians...etc. They will provide unbiased scientific testimony regarding the injury that is the focus of litigation. They will interpret and explain data regarding the injury and provide testimony regarding nature of the injury. They will have the education and experience to be considered an expert in their expertise. Below is a list of the benefits of using the expertise of these witnesses:
Unbiased and Professional Expert Testimony
Understanding technical information regarding an injury can be perplexing to a jury and judge. The witness will provide testimony that is easy to understand. As well, the testimony provided must be unbiased so the judge and jury will make informed conclusions and deliver a fair and impartial verdict. The expert witness must maintain strict ethical standards when providing testimony that relates to the evidence. To be effective, the expert must have knowledge of the science and medicine associated with the injury in order to help an attorney either prove or disprove a claim.
Expert Testimony Separates Fact From Opinion
For specific and complicated injuries, such as a brain injury or spinal cord injury, the expert witness specializing in the area will be able to best describe the damage that resulted from the injury and how the injured person will be affected long term. As well, if it is the person being sued, the expertise of such a witness can be used to discredit the claims of the person making the claim. The witness should be able to distinguish between the presented facts from opinions regarding the evidence.
Expert Testimony Respected by Peers
A witness will not only have the qualifications and experience to provide unbiased testimony, but he or she will be able to provide supporting evidence to corroborate the testimony such as research evidence and prior cases. They will also be respected members of the community which will make them more credible witnesses. Judges will consider whether the expert's opinion has been reviewed by other peers in the community and if the opinion has been accepted by others in his or field.
Expert Technical Knowledge
A medical expert witness understands the devices and diagnostic tools used to analyze evidence. This includes laboratory techniques, X-RAYS, Diagnostic imaging, and other diagnostic equipment.
The benefits of using medical expert witnesses make their services invaluable for both criminal and civil cases where a person has received substantial injury. Most witnesses are hired because of the nature of the particular case and that they specialize in that area. These experts often play an essential part in the outcome of a case.
