It is crucial to go through expert testimony examples to understand the expert testimony definition and details about how a medical expert witness works? Many people ask: what is an expert testimony? How does a medical expert witness help the court?
And why it is important to hire an expert witness for your medical malpractice case. In today’s article, we will help you learn these concepts through expert testimony examples. Read on!
Expert Testimony Definition
What is an expert testimony? Expert testimony definition is an oral or written opinion based on evidence-based information and concrete facts based on observation and knowledge of an expert witness.
It is an opinion stated during a deposition by an expert witness on a subject relevant to the case, including civil or criminal case. The subject is usually scientific or technical, such as medical, forensics, or ballistics.
According to the Federal Rules of Evidence 702, an expert witness’s testimony is admissible in the court if it contains scientific, technical, or other specialized knowledge, helping the trier of fact understand the evidence.
The testimony should focus on sufficient scientific data or technical facts. The testimony must also concentrate on reliable principles, techniques, and methods. An expert witness can apply these principles and strategies that align with civil or criminal cases.
If you are the plaintiff, you may need a medical expert witness to prove that the doctor has breached the standard of care owed to the patients. On the other hand, if you are a defendant, a medical expert witness will examine the case and determine whether the doctor has breached the standard of care.
A qualified expert witness does not prepare an unbiased testimony. Let us now discuss expert testimony examples to ensure you understand the entire concept. It will help you choose the right expert witness who has expertise relevant to your case.
Expert Testimony Examples
A medical expert witness examines the case material facts. These include witness testimony and medical records. The witness prepares written statements, creates different models, and uses visual aids to explain medical theories and concepts to the court. The witness also prepares written reports and provides testimony before the court.
A medical expert witness testimony is based on their personal experience working in a specific medical field. The testimony is also based on academic studies and medical research papers, and publications.
Legal Medical Consulting, Dallas, TX, has expert witnesses who follow a step-by-step approach to break down the technical, scientific, and terminology to ensure the judge and jury understand the information and conclude the case effectively.
Out medical expert witnesses state their opinions based on scientific evidence and reasonable medical certainty. The purpose is to help the judge and jury in reaching a valid conclusion about the case facts. Here are a few expert testimony examples.
The plaintiff, Stephanie McMahon, brought a malpractice action against Dr. Ricky Ponting, alleging the health professional that he misdiagnosed her breast cancer. Stephanie hired a medical expert witness to establish that Dr. Ponting breached the standard of care owed to her.
The expert witness worked together with other medical expert witnesses with expertise in the field of pathology, psychology, and oncology to find the case facts. After carefully analyzing the case and reviewing the medical records, these expert witnesses prepared a detailed testimony in plain English to help the court conclude the case.
The court found the witness evidence substantial and held that Stephanie, the plaintiff, met the burden of proof and the defendant, Dr. Ponting, breached the standard of care. The testimony helped the court to conclude the case and awarded Stephanie about $3.5 million in damages.
Surgical errors are expert testimony examples. The patient, Julie McGuire, underwent an intrauterine pressure catheter insertion procedure. However, she experienced severe discomfort and pain in her pelvic region.
Julie hired expert witnesses to confirm that the nurse on duty breached the standard of care. The expert witness went through the medical records and imaging tests. The witness found that the nurse left a foreign object of about 11.3cm of the intrauterine pressure catheter.
The expert witness hired by Julie was a qualified nurse with many years of experience in similar cases. The witness examined the case files and prepared the evidence-based testimony to prove to the court that the nurse left a foreign object inside the patient’s body. The court found the testimony to be convincing and awarded the plaintiff nearly $5 million in damages.
Contact Legal Medical Consulting
Legal Medical Consulting, Dallas, TX, is a professional firm with licensed, experienced, and skilled medical expert witnesses to streamline your medical malpractice case. Our expert witnesses prepare evidence-based and impartial testimonies to help the court conclude the case. If you want to explore more expert testimony examples, contact us today.