Medical malpractice usually takes place when a medical 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 medical 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 medical 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 a medical expert witness. The benefit of using medical expert witnesses makes them one of the most important components of a medical malpractice case.
A medical expert witness is an expert 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 and medical testimony regarding the injury that is the focus of litigation. They will interpret and explain medical 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 medical field. Below is a list of the benefits of using the expertise of a medical expert witness:
Unbiased and Professional Medical Expert Testimony
Understanding technical information regarding an injury can be perplexing to a jury and judge. A medical expert 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 medical 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.
Medical Expert Witness Separates Fact From Opinion
For specific and complicated injuries, such as a brain injury or spinal cord injury, a medical 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 a medical expert witness can be used to discredit the claims of the person making the claim. A medical expert witness should be able to distinguish between the presented facts from opinions regarding the medical evidence.
Medical Expert Witness Respected by Peers
An expert medical 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 medical cases. They will also be respected members of the medical community which will make them more credible witnesses. Judges will consider whether the expert’s opinion has been reviewed by other peers in the medical community and if the opinion has been accepted by others in his or field.
Expert Technical and Medical Knowledge
A medical expert witness understands the medical devices and diagnostic tools used to analyze evidence. This includes laboratory techniques, X-RAYS, Diagnostic imaging, and other medical and 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 medical expert witnesses are hired because of the nature of the particular case and that they specialize in that area. Medical expert witnesses often play an essential part in the outcome of a case.
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