It is crucial to understand expert witness law before hiring a witness for your medical malpractice case and prove that the doctor or nurse has breached the standard of care owed to you. Expert witnesses play an essential role in many cases. Not only do expert witnesses help the judge and jury understand complex information, but they also provide a sense of credibility to the case.
Expert Witness Definition
According to the Federal Rules of Evidence 702, an expert witness is a qualified, experienced, knowledgeable, trained, and skilled person who can testify before the court and present an oral or written testimony to help the jury understand nuanced information.
The Federal Rules of Evidence states that the expert witness testimony is based on scientific, technical, and specialized knowledge and presented in simple language. The purpose is to ensure the jurors comprehend the information and conclude the case.
Likewise, the testimony presented before the court has sufficient facts and data. A medical expert witness applies reliable principles, theories, methods, and techniques during the investigation and prepares a solid testimony based on evidence.
Besides, applying medical principles and methods to the case allows them to establish whether the doctor, physician, nurse, or any other health professional has breached the standard of care owed to the patient.
Expert Witness Law
The expert witness law in the U.S states that it is often challenging for jurors and judges to understand the complex and nuanced information in the medical field. Thus, the court allows lawyers and attorneys to work with expert witnesses to streamline the case.
The law requires expert witnesses to focus on technical, scientific, and specialized knowledge when preparing testimonies. Some people think that the expert testifies in the form of opinions. The rule recognizes that the expert expounds on scientific and technical principles or methods relevant to the medical case.
Remember, the law states that experts must follow a step-by-step approach and work with the legal team to prepare an impartial and evidence-based testimony. According to Federal Rules of Evidence 703 and 705, an expert witness is a qualified and board-certified individual who takes steps for suggesting the inference, drawing facts using their specialized knowledge.
Moreover, medical malpractice law focuses on tort and contract law. It emphasizes the liabilities arising from the delivery of medical care. For example, these liabilities are negligence, intentional misconduct, insufficiently informed consent, and breach of a contract, divulgence of sensitive or private information, defamation, and failure to prevent foreseeable injuries to the patient.
The law requires medical expert witnesses to understand the case and analyze the facts before preparing and presenting the testimony before the court. The testimony must be relevant to the case facts and include evidence or proof that shows whether the doctor has deviated from the standard of care or duty owed to the patient.
Expert Witness Examples
Legal Medical Consulting, Dallas, TX, is a professional firm with experienced, qualified, licensed, board-certified, trained, and skilled expert witnesses with proficient knowledge of various medical disciplines.
We have helped hundreds of lawyers, attorneys, plaintiffs, and defendants to streamline their cases. However, our expert witnesses prepare testimonies based on evidence and do not favor a particular party. Here is an example of an expert witness role in a medical malpractice case.
About 20% of all medical negligence cases involve gynecologists, obstetricians, and maternal-fetal medicine doctors. Childbirth errors are a medical malpractice case with victims, including the mother or child or both, during pregnancy or childbirth.
For example, Sarah Williams, a patient diagnosed with gestational diabetes, went to the hospital. Doctors found that Sarah went into labor at 35 weeks of gestation. Because Sarah was not feeling well, she requested for C-section delivery.
However, the nurse on duty ignored the request and did not inform the doctor that patient needed to undergo the C-section surgery. After some time, when Sarah was ready for the delivery, doctors found that the baby developed shoulder dystocia.
So, Sarah gave birth to a child with a subgaleal hemorrhage. Sarah grieved the damage caused due to the negligence of the nurse and doctor. She filed a lawsuit against the hospital and hired a medical expert witness to prove her claim.
The expert witness reviewed Sarah’s risk profile and discussed the obligations of the gynecology and obstetrics nurse when Sarah requested delivery by C-section. The expert presented a detailed testimony before the court. The jurors conclude the case and found the nurse and doctor guilty. The court awarded Sarah $4.5 million in damages.
Legal Medical Consulting is a reputable firm in Dallas, TX, with experienced medical expert witnesses who have proficient knowledge of Expert Witness Law. Our team of medical witnesses prepares impartial, factual, and evidence-based testimonies to help the court conclude the case effectively and reliably.