An expert witness is a person with specialized knowledge, skills, and experience who testifies in court. The expert testimony is based on the individual’s beliefs about the happenings in a particular case.
Unlike other witnesses who testify about what they have heard, seen or felt, an expert witness concludes and gives his or her opinion as part of the expert testimony. The expert witnesses’ primary responsibility is to provide impartial, independent, and unbiased evidence to the tribunal or court.
The Role of an Expert Witness in Medical Court Proceedings
Expert witnesses are an essential part of medical malpractice cases, including personal injury lawsuits. Because such cases involve complex health information, a medical legal expert who testifies on your behalf can adequately answer complicated questions.
Likewise, the witness’s expert testimony usually includes information on medical procedures, diagnosis, treatment, and safety precautions. An experienced and qualified medical malpractice lawyer can help you find the right expert witness for your lawsuit.
If you have a medical malpractice case, you need to prove four things to validate your claim. These are an established doctor-patient relationship, the medical professional has breached the standard of care, you have undergone injuries, and the effects on your body was due to the doctor’s irresponsibility or lack of care.
Because it is not easy to prove these points, you need an expert witness to help you in the court proceedings. Similarly, the burden of proof is always on the plaintiff, meaning it is quite challenging to prove medical malpractice in court. That’s where a medical legal expert role’s come into play.
Medical cases require thorough technical explanations of complex medical or scientific information. Generally, these facts are too complicated for individuals other than medical professionals to understand. For example, if the jury can’t comprehend the information presented in court, they won’t determine the person responsible for malpractice.
Therefore, if you want to ensure the judge, jury, mediator, negotiator, and all other concerned parties agree with you, we recommend hiring a medical legal expert. The reason is that an expert witness has professional experience and knowledge relevant to your specific case.
How Does an Expert Witness Help?
The job of an expert witness in medical cases is twofold: to explain the responsibility of the doctor and to convince the jury that the health provider has not fulfilled that responsibility. Here is how an expert witness can help you in the legal proceedings.
· Prove Standard of Care
An expert medical witness knows about the doctor’s duties and responsibilities. The witness understands how other health professionals would have approached a particular medical issue. Similarly, a witness has knowledge about the course of treatment applicable in a specific situation.
Keep in mind that an expert witness will answer any question in court. He or she will show how a competent doctor would have dealt with a similar medical situation. The purpose is to prove the malpractice of the alleged doctor so that the plaintiff gets compensation.
· Show Breach of Care
Medical legal expert reviews your health records and other types of evidence. That way, he or she prepares a detailed expert testimony and thorough arguments. The purpose is to testify that your health provider deviated from the standard of care.
Moreover, the expert witness makes efforts to show the jury how the malpractice or negligence led to the injury. Because such explanations get tricky and complicated in the court proceedings, hiring an expert witness is a wise and informed decision.
With a medical legal expert, you will have expert testimony to improve the effectiveness of your claim. Furthermore, an expert witness has adequate knowledge to present the case information clearly to the jury.
How soon do you need an Expert Witness?
The defendants and plaintiffs need expert witnesses to disclose their testimony to the court before the proceedings start. If you fail to reveal the substance of your testimony before the deadline, the court will give a verdict in the other party’s favor before even the trial starts.
Some courts also require people to get medical expert testimony before they begin the lawsuit. Remember, the testimony often comes in the form of an affidavit or submitting facts to a panel of healthcare experts. That’s why it is critical to carry out things on time.
Contact Legal Medical Consulting Today!
Medical malpractice or personal injuries can impact your quality of life negatively. If you or your loved one are victims of medical negligence, contact Legal Medical Consulting in Dallas, TX. We can help you get the compensation you deserve.