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Expert Witness on Failure to Supervise Principles

The failure of supervision in upholding certain professional principles is an important aspect that may require more research and management. An expert witness’ testimony may assist the case when these principles are the subject of a license or professional review where the person affected could lose his or her ability to retain his or her career.

Many different jobs or careers have certain code of ethics or principles in place that require the professional to act with dignity, professionalism and standards with clients, patients, customers and similar persons. No matter what profession is involved, these guidelines are vital to upholding sound business practices and ensuring the care and satisfaction of others when with the professional. The principles that are not supervised properly may have been violated by the subject, and this could lead to injury or harm to others. Damage may affect finances, the body through wounds or other matters that are important to the victim. This then leads to litigation in various events.

Professionals that are working with clients may face a failure to uphold certain principles, but the expert in these cases may also demonstrate to the court that the person in a manager’s position failed to supervise that these rules were followed as they should be in the situation. Because of these instances and similar problems, the professional may face litigation as well as the supervisor or management in these circumstances. The expert hired for these incidents may need to explain how the relationship should exist and why principles are important to follow. Additionally, he or she could illustrate the important of another party supervising the code of ethics so litigation is reduced or eliminated entirely.

Supervising Principles

When a professional first starts working within his or her chosen career, he or she usually takes an oath to keep within a set of standards, code of ethics or certain principles. If this is a doctor, he or she is to help and heal others without doing harm. If the individual has a field that requires helping clients make connections, he or she is prohibited from taking advantage of these persons. Equally, there are usually several that supervise these professionals and ensure the code or guidelines are followed as specified. When the manager or supervisor fails to do so, the career person may or may not lose his or her footing in following the principles.

Complications with Principles

When a professional is not performing his or her job duties as specified, he or she may then fail at maintaining principles and codes of ethics. This is where litigation most often occurs. The person may violate these by treating customers, clients or others with disregard. He or she may attempt to increase pricing for his or her own benefit despite what the guidelines explain. The professional may also attempt to provide less than satisfactory services or products. These actions lead to lawsuits and an attack on personal assets. When facing a board or counsel, he or she may have his or her license suspended or revoked.

The Expert Witness Explains Failures

When the expert is hired for the case, he or she may need to review all actions taken that follow through to the lawsuit. This requires extensive examination, time and energy to inspect transactions, client and professional interactions and the behavior of the professional that led to the incident. If any injuries were sustained, these may need a close eye to determine what type of and how much compensation is necessary for the victim to recover from these wounds. When the damage is economic or financial, compensation may have a fixed amount. However, physical, emotional and psychological wounds are more difficult to determine.

The testimony of the expert is based on the failures of the supervisor, manager or assistance in keeping principles adhered to within the practice or company and the harm these actions caused. Through determining what exactly occurred to lead to the lawsuit, the expert is able to explain to the judge or jury why compensation is necessary and just how much will help the victim to recover and become whole once all actions have been completed. The expert may consult with the lawyer hired for the case in researching how much the judge or jury may award based on the location, previous judgments and similar factors. Additionally, a report of findings is often provided to the court so that the opinions and details of the research are understood more fully.

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Disclaimer: 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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