According to the American Psychological Association (APA), the expert testimony definition is the evidence provided by an expert witness to the court. Compared to other affidavits, expert testimony is based on the witness’s detailed opinions or information about specific facts. The information is presented clearly, concisely, and beyond the medical terminology to help jurors understand the case and make decisions.
Expert witnesses present their testimonies in legal proceedings when the court o jury needs help assessing a material fact in a proceeding. Expert testimonies are typically proffered by one of the parties, such as the plaintiff or defendant. It is crucial to provide reliable evidence, which is relevant to the case and probative than prejudicial.
For example, expert medical legal testimony must be admissible to the court. The fact-finder will figure out how much weight to accord the expert medical legal testimony. Although most law systems appoint experts in the court, their opinions or testimony may not bind to the judge presiding the case.
Expert witnesses are a necessary resource in most medical malpractice litigation. However, people who are not aware of the litigation process may not recognize the value that an expert medical witness brings to the case. Let us delve into this subject. Read on!
Examples of Expert Medical Legal Testimony
Now that you have understood the expert testimony definition and its importance, it is time to give you an example to clarify things further.
A patient underwent a procedure that required the doctor to insert an intrauterine pressure catheter (IUPC). Although the procedure was declared successful, the patient experienced severe pain in her pelvic region.
She underwent an X-ray and ultrasound medical imaging procedure. The results revealed that the surgical team nurse had failed to remove a portion of the IUP. The case was about the negligence of the surgical team nurse. Thus, it required consulting a legal nurse witness to provide testimony on the standard of care for nurses who provide assistance in surgery.
A legal nurse witness is also known as a forensic nurse who engages in various applications of clinical knowledge to questions of law. A legal nurse provides expert medical-legal testimony by participating in client interviews to identify and organize medical records.
The nurse also assesses the case’s strengths and weaknesses and focuses on the plaintiff’s future medical needs. In this example, the legal nurse consultant provided expert medical legal testimony on the traumatic injury caused by a surgical team nurse’s negligence.
Medical expert testimony definition is quite clear: The evidence presented before the court to prove medical malpractice. For example, the doctor prescribed postmenopausal patients a supplement known as “Medroxyprogesterone.” The supplement is used to prevent overgrowth of the uterine line in female individuals.
The patient went to the pharmacy to buy the supplement. However, the pharmacist gave her a high dosage of the supplement called methotrexate. It is an immunosuppressive medication used to treat arthritis.
The pharmacy negligence caused the poisoning of methotrexate in the patient’s body, eventually leading to kidney damage. The patient required a kidney transplant. From this example, we understand that it is a Medication Error case that would require the expertise of a pharmacist witness.
The court found the expert testimony of the pharmacist convincing and held that the defendant (pharmacy) breached the standard of care. Based on the jury analysis of the expert testimony, the court awarded the patient (plaintiff) $1 million in damages. Other types of cases that require expert testimony in courts are:
- Failure to Diagnose
- Delayed Diagnosis
- Surgical Errors
- Childbirth Errors
- Anesthesia Errors
- Medication Errors
- Administrative Errors
- Traumatic Brain Injury
- Pain and Suffering
- Disability Claims
- Toxic Tort
- Sexual Assault
- Elder Abuse
- Addiction Evaluation
- Prisoner Abuse
- Cause of Death
How to choose a Reliable Medical Expert Witness?
When choosing a medical expert witness to testify in court, you must ask your attorney to look for an expert with many years of experience. For instance, if you need an expert to make a testimony in the court for your surgical error case, look for an expert with knowledge and skills in the surgical area.
Some cases require input from multiple practitioners. In this regard, you need to hire medical expert witnesses who can clearly articulate the treatment procedure to the jury. The expert you hire must not confuse or intimidate the judge or jury.
The expert testimony definition shows us that expert witnesses are professionals, skillful, and knowledgeable about various aspects of a medical lawsuit. However, when discussing your case with a medical expert witness, ask questions to measure whether the witness can solidify the grounds of your case.
Legal Medical Consulting in Dallas, TX, has experts who can break down medical terminology, avoid jargon, and simplify complex topics. Remember, your case’s success often hinges on expert medical legal testimony.
Having said that, our medical expert can clearly provide information on malpractice or negligence to the jury. In today’s post, we have given you an expert testimony definition and talked about the importance of expert testimony via examples. Contact us today!