What is a medical expert witness? Most US states require a medical expert witness to present testimony in the court to prove medical negligence or malpractice. If you want to win a lawsuit, you must prove three things.
These are a doctor-patient relationship, a health provider’s negligence in medical practice, and your pain and suffering that resulted from your doctor’s negligence. The foundation of almost all medical malpractice cases is the doctor’s negligence.
A medical expert witness proves how the physician’s conduct led to the level of negligence. A medical legal expert must have the same experience with the health condition or kind of procedure in question.
The expert must have a thorough knowledge of the case and interaction with the local medical community. In this post, we will talk about: what is a medical expert witness? How a medical legal expert can prove the doctor’s negligence in court? We will also discuss other types of expert witnesses. Read on!
What is a Medical Expert Witness?
The support of a licensed, qualified, and experienced medical legal expert is necessary for a plaintiff injured due to medical malpractice or a health provider as a defendant in the case. A medical legal expert examines the case’s material fact, such as health records, and present his or her testimony before the judge and jury.
An experienced medical expert witness prepares written statements, written reports, creates models, and develops visual aids to explain theories and provide testimony before the court. A medical legal expert plays a crucial role in the court to prove malpractice.
Medical experts’ opinions are usually based on their personal experience working in the health sector. However, sometimes, the expert presents facts based on peer-reviewed scientific evidence, academic research papers, and medical publications. All this depends on the jurisdiction.
The role of a Medical Legal Expert in Court
A medical legal expert’s role in the court is to present a testimony based on facts and evidence. When you hire an expert, make sure he or she is able to break down the technical and scientific terminology to easy-to-understand facts. That way, you and other people in the court that don’t know the medical language can understand your case issues.
The expert states opinions with reliable medical certainty and helps the judge and jury make a valid conclusion about the case’s facts. A medical expert’s testimony is useful in a wide range of negligence or malpractice cases. Misdiagnosis, failure to diagnose, or delayed diagnosis are the most prevalent medical malpractice complaints.
Research studies show that doctors misdiagnose over 20% of patients with complex health conditions, such as stroke, heart attack, thyroid conditions, fibromyalgia, celiac disease, and cancer. When a doctor fails to diagnose the condition, the patient is at higher risk of not receiving appropriate treatment, leading to severe complications, harm, and even death.
For instance, if a patient with lung cancer had been misdiagnosed, the expert will gather facts on the condition while focusing on the pathology, oncology, and psychology of grief, and economic factors.
Types of Expert Witness
We have already answered: what is a medical expert witness. Let us now talk about different types of expert witnesses. These include forensic medicine expert witness, accounting expert witness, and vocational expert witness. Continue reading!
Forensic medicine expert witness
A forensic medicine expert witness is usually a biologist, chemist, psychologist, pharmacologist, or blood spatter analyst. The forensic expert also has thorough knowledge and experience of criminal cases. Legal Medical Consulting Dallas, TX, has experienced and dedicated forensic medicine experts who can accurately analyze evidence and present their testimonies before the judge.
Accounting Expert Witness
Unlike a medical legal expert, an accounting witness testifies in court in fraud and white-collar criminal cases. These experts also provide testimony in non-criminal cases, such as banking, insurance, security industries.
Vocational Expert Witness
The social security administration usually calls a vocational expert witness when a person appeals in court for denial of social security benefits. Most often, the social security administration refuses to provide benefits to a person with a disability.
The most common reason behind the denial is that the administration believes the person can work despite his condition. A vocation expert witness analyzes the case and makes an expert opinion in the court to prove whether the complainant can work.
Contact Legal Medical Consulting Today
Legal Medical Consulting is a reputable organization in Dallas, TX, with experienced medical expert witnesses who can help you prepare your case and testifies in the court for your favorable outcomes.
Our legal medical experts’ testimonies make a huge difference in strengthening the grounds of your claims in the court. If you need further information or want to get details on what is a medical expert witness at Legal Medical Consulting, Dallas, TX, contact us today!