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Expert Witnesses

When You Need a Medical Expert Witness

Medical expert witnesses are hired for a variety of reasons, but their most often used expertise is to explain medical treatment procedures and processes for a case where someone has been injured. Professionals in the medical world provide services to a courtroom by explaining how an injury occurred and why it is so important to obtain compensation.

A victim of medical malpractice or an accident could have a claim against the healthcare facility, physicians and other staff depending on the circumstances. A medical expert witness is hired by the plaintiff in a civil case to explain why his or her claim is valid. Additionally, the other side may use a medical professional of a similar background to refute the claim entirely. However, many aspects of the case are revealed with a connection to evidence and testimony provided and presented in the courtroom. Through these processes, it is possible to successfully convince the judge or jury of one side’s argument.

If someone has been injured through a medical procedure such as surgery, a professional is hired to explain and detail various aspects of these circumstances. This could involve an invasive procedure where the equipment caused internal bleeding
or damage to organs. Others may include a doctor that has been drinking before the surgery and harmed the patient further or was involved in his or her death. These incidents are some of the reasons why a medical expert witness must explain what happened and how to the judge or jury. With a better understanding of these matters, it is possible to deliberate with the needed details in the claim.

The Need for the Expert

Medical procedures that require the use and need of an expert usually range from the most complicated to the most grievous. The expert is tasked with explaining the jargon used, treatment needed, surgical processes and medication administered. While some injuries are incurred after the process such as in post-op surgery, infection and other problems may transpire during the treatment. The expert may be called to explain what medical malpractice is and how it was part of the proceedings. Additionally, confusing methods and medication may need descriptions and reasons for use. Someone with years or decades or that has been in a medical profession previously is often hired for these matters.

Other needs for a medical expert arise when a death of a family member occurs. Wrongful death claims arise when the person died through negligence or when it could have been prevented. Sometimes the wrongful death centers on intentional actions. However, medical procedures usually include negligence or incompetence of medical staff. Then, the expert is hired to determine what happened and how it was the fault of the doctor, nurse or healthcare facility. Through recreating the incident, it is sometimes possible to connect a person to the incident and prove liability and responsibility in the injuries or death.

Testimony and Processes

A medical expert provides testimony and may present a report or visual aids to explain various aspects of a claim. To show negligence, he or she may show the judge or jury how the procedure should have been performed or what was missed. During the testimony, the expert may describe the injury, how the pain and suffering cause distress and similar problems experienced by the victim. These actions are to increase awareness of the problem and to show how the compensation sought is needed for recovery or additional procedures.

To become whole after the incident is crucial for victims of medical malpractice.
If the medical expert witness is hired to connect evidence to a defendant that was part of the incident, he or she may use scientific processes to determine how the accused was either at the scene of the injury or responsible for the damages. Then, his or her words are given weight when the jury panel or judge has confidence in the professional.

Complex Matters

The expert hired for the case provides a better understanding of complicated processes and complex matters. Through details and descriptions of these issues, the professional is able to educate the courtroom and demonstrate how the plaintiff is owed damages due to the actions of the defending party. Then, compensation requested is better comprehended by the jury members and judge. The amount should reflect what has been requested previously, is reasonable and fair and is not beyond what is necessary to recover. The expert may implore the courtroom to carefully deliberate with all the knowledge possible.

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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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