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Expert Witness Explains Damages Associated with Scars

     By HG.org

Scar tissue has the potential to cause problems for someone when he or she must undergo surgery, after a procedure has been completed and at other times when healthcare processes are necessary. When damage has been caused or sustained due to scar and scar tissue, it often takes an expert witness to explain this to the judge or jury.
Doctors and experts in the medical field have explained in various reports that scar tissue has the potential to cause problems. It is possible when a surgery is needed that this area where scars have formed may require additional equipment, sharper or more effective tools or more time so that it may be cut through to get to the root of the problem. The location where a scar exists may also create medical concerns if it is too close to an organ, where blood flows or similar areas. These could then lead to complications that necessitate more surgery or other treatment. If a scar was created through a procedure, it is possible that the damage is due to negligence. This is when an expert witness is needed.

Some scars are created through the use of lasers when treating certain issues. These could be to remove or break up tissue, kidney stones and similar problems. Numerous procedures explain the possible effects and risks of scarring after surgery. When the doctor has accomplished everything correctly, performed within the guidelines set forth by the facility and medical community and acted in the best interests of the patient, he or she is generally free of liability even when scarring is damaging to the body. This means that an expert witness may be needed to establish who is responsible and liable in these instances where the damage is severe enough for additional procedures and assistance.

Scar Tissue Explained

The area around the location where surgery takes place is susceptible to scarring when certain tools or equipment are used. This could be a laser, a scalpel, a drill or something similar. Some persons are more prone to acquiring scars than others, but numerous persons that have stitches scar for years or permanently. If these locations require reopening, this could lead to thicker and more resilient scars after the treatment has been administered. Some individuals that do not seek treatment when injured scar extensively. The tissue in these locations of the body could cause complications for doctors and healthcare staff.

Negligence

Some patients claim that a doctor caused unnecessary damage, did not do his or her best in keeping the scarring at a minimum or were negligent in duties performed. In these instances, a lawsuit usually results. The staff, facility and physician then must prove that no negligence existed in the procedure or after the patient was taken to his or her room for observation. Provided that the doctor completed his or her duties up to the standard of care within guidelines, he or she may not be negligent. The burden of proof is then placed on the plaintiff to explain this in the courtroom. In instances where the physician or healthcare staff did not correctly address the issue, perform the procedure or omitted certain steps, an expert witness may be able to give enough details to improve the chances of success.

Negligence may be established through our factors. These are the duty of care owed to the patient being part of the surgery, a breach of this duty, the cause of the breach and it being relevant to the injury. The damages owed may be possible to prove when these four elements exist in the case. However, if any one of these is not part of the claim, the plaintiff may not achieve success. The duty of performing the surgery correctly and with the greatest care generally applies to all patients. The standard of care usually applies to these situations. A breach occurs when the guidelines are not followed, when some deviation causes damage or similar concerns. The breach of the duty is almost always the cause of the injury.

The Expert in Scar Damage

An expert is hired to assess the case, connect the elements to the physician and ensure that damages are assessed correctly for the injury and additional medical treatment from the surgery. With the assistance of an expert witness, it is often easier to determine that negligence or medical malpractice was involved in the incident. The scar tissue is then connected to the event and the judge or jury is detailed why compensation is necessary.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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