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Expert Witness Examples – Medical Malpractice Cases

Are you looking for expert witness examples to learn how expert witnesses play a role in medical malpractice or negligence cases? Medical expert witnesses examine the case material facts, including medical records, health history, and prepare testimonies based on evidence. 

The oral and written testimonies help the court understand the complex and nuanced information, allowing them to conclude the case effectively and reliably. Legal Medical Consulting is a professional firm in Dallas, TX, with experienced expert witnesses who use their proficient medical knowledge, create models, and explain theories relevant to the case. 

Expert Witness Definition Law

The Federal Rules of Evidence 702 states that an expert witness is a qualified, experienced, licensed, board-certified, well-trained, and skilled person who uses scientific principles and technical methods to examine the case and prepare testimonies based on the case material facts. Let us give a few expert witness examples. Read on! 

Expert Witness Examples

Depending on the state laws and jurisdictions, medical expert witnesses present opinions based on their personal experience and knowledge in a specific medical field. The testimony expert witnesses prepare primarily focuses on academic studies, proficient knowledge extracted from medical publications, and the case’s material facts. 

The expert witness makes substantial efforts to transform technical and scientific language into simple terminologies, allowing the jurors to comprehend the information. It is because the judge and jurors don’t understand the complex knowledge of the medical malpractice case. So, medical expert witnesses play a crucial role in streamlining the entire case. Here are the medical expert witness examples. 

Misdiagnosis

Misdiagnoses also called failure to diagnose or delayed diagnosis, are the most common medical malpractice cases. Research shows that over 20% of patients in the U.S with severe medical conditions are victims of misdiagnosis by their primary care doctors. 

The most common misdiagnosed conditions are heart attack, cancer, fibromyalgia, celiac diseases, stroke, and thyroid conditions. Because the judge, jury, and lawyers do not understand whether the doctor has misdiagnosed a particular condition, the victim hires a medical expert witness to determine whether the physician has breached the standard of care. 

Surgical Errors

Surgical errors are another medical malpractice case example. The most common cause of surgical errors is miscommunication between the medical team. For example, a doctor or nurse leaves a medical instrument inside the patient’s body or causes infection due to a contaminated surgical tool. 

Thus, it can cause significant damage to the patient’s body, hindering their day-to-day activities and affect their persona and work life. For example, transplant surgeries are challenging procedures that require thorough research, planning, preparation, timing, and execution. 

Research shows that about 25% of kidney transplant patients and 40% of heart recipients file lawsuits against their doctors and surgeons. The judge or jury can’t comprehend what happened during the surgical procedure. 

That’s why the plaintiff’s lawyer hires a professional medical expert witness with proficiency in transplant surgeries. The purpose is to confirm whether the surgeon performed negligence during the procedure. 

Anesthesia Errors

Anesthesia errors are another common medical practice case. Anesthesia interacts with the patient’s body in different ways. For example, a small error committed by an anesthesiologist can lead to permanent damages or injuries, including brain damage, heart attack, kidney failure, and even death. 

For example, when an anesthesiologist makes a mistake, such as administering too little or too much anesthesia, not monitoring the patient’s vital signs, or using low-quality equipment, they can cause damage to the patient’s body. 

If the negligence causes injuries to the patient’s body, they can file a lawsuit against the anesthesiologist. That’s why it is crucial to hire a professional expert witness to confirm that the health professional breached the standard of duty. 

Medication Errors

Medication errors account for over 3.5 million hospitals and emergency room visits every year in the United States. Negligence by doctors and pharmacists can cause mistakes, leading to severe consequences for patients. 

Sometimes, negligence occurs due to miscommunication between the doctor and pharmacist or nurse responsible for medication administration. An expert witness has the same qualification as a primary care doctor or pharmacist. 

The witness examines the case to establish before the court whether these health professionals have breached their duty of care owed to the patient. The witness presents testimony before the court and helps jurors to conclude the case. 

Contact Legal Medical Consulting 

Legal Medical Consulting is a licensed organization in Dallas, TX, with qualified and board-certified medical expert witnesses in different healthcare fields and disciplines. If you are a victim of a medical malpractice case, you can seek help from our expert witnesses. For more specialist witness examples, contact Legal Medical Consulting today!

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