What is a medical expert witness? What is their role in the court of law? When do you need a medical legal expert or forensic medicine expert witness? According to Federal Rules of Evidence, expert testimony definition is evidence given in the court by an expert, such as a medical expert, forensic expert, vocational expert, parenting expert, or financial expert.
The evidence includes the witness’s opinion and information about facts to help the judge or jury decide and conclude the case. In today’s article, we will answer some common questions asked by people: what is a medical expert witness? When do you need a medical expert witness? Read on!
What Is A Medical Expert Witness?
A medical expert witness is a doctor, physician, surgeon, nurse, or other licensed healthcare practitioner with skills and experience that qualify them to testify before the court on a particular medical case. Attorneys and lawyers often use medical expert witnesses in medical malpractice and personal injury lawsuits.
For instance, the courts call upon medical experts in medical negligence or personal injury cases to testify on different issues directly related to healthcare professional experience. These issues include the standard of care, long-term impacts of a particular health condition, cause of injuries, misdiagnosis, etc. Although expert witnesses in the medical field are closely associated with testimonies from the stand, experienced experts provide value at all litigation stages.
A medical expert witness’s findings can help attorneys understand and assess the case merits before filing a lawsuit. Expert analysis and testimonies are essential as the case progresses to discovery and trial.
When Do You Need A Medical Expert Witness?
People hire medical expert witnesses for a wide range of reasons. However, the court often uses the expertise of a medical witness when they need to understand technical or scientific data relevant to the case. For instance, the expert witness explains medical treatment procedures, processes, and methods for a case.
Professional in the medical or healthcare field provide services to the court and explain how the negligence or injury occurred and why it is crucial to obtain compensation. Besides, a victim of personal injury or medical negligence could claim against the people or groups responsible for the damage.
For instance, a victim can claim against the hospital, doctors, or other healthcare staff, depending on the situation. The plaintiff hires a medical expert witness in a civil case to prove to the judge or jury the validity of his claim. On the other hand, the other side may also use a medical expert witness of a similar background to disprove the claim.
If a person has been injured due to medical procedures, such as misdiagnosis, wrong medication, increased or decreased dosage, or surgery, he will hire a professional to explain and detail numerous aspects of the case. For example, this can involve an invasive procedure where the surgical tools cased damage to the organs or internal bleeding.
Others include a physician or nurse who had been drinking before the surgery, leading to the patient’s death. These incidents are a few reasons that necessitate the role of a medical expert witness. The purpose is to explain to the court what happened.
Medical experts testify before the court and present reports to explain different aspects of the claim. The expert will show the jury or judge how the doctor should have performed the procedure. The purpose is to show the negligence of a doctor, surgeon, nurse, or other health providers.
The expert describes the injury, the cause of pain and suffering, and other problems experienced by the victim. The expert includes all the necessary information in the testimony. Besides, suppose the medical expert is hired to connect evidence to the defendant. In that case, he will use scientific methods or processes to determine or prove the accused was responsible for the damages.
An expert witness testimony gives weight when the judge or jury panel has confidence in the professional. Therefore, it is crucial to hire an experienced, licensed, trained, and skilled expert witness for your medical malpractice case.
Contact Legal Medical Consulting
Individuals and corporations hire our medical expert witnesses for many reasons. We have qualified, licensed, and skilled expert witnesses in the medical field who can explain medical procedures and testify before the court about what happened that led to damages. What is a medical expert witness, and how can our experts help you in medical negligence cases? Contact us today!