What is the legal definition of an expert witness? An expert witness is a person who has all the qualifications and experience to present testimonies before the judge and jury in the court.
According to the US Federal Law, an expert witness must have experience, knowledge, skill, education, and training to make the judge and jury understand the evidence without using medical jargon.
An expert witness has special knowledge, expertise, and proficiency in a specific field, such as healthcare, to testify in the court and present information relevant to the case. In today’s article, we will answer the question: what is the legal definition of an expert witness? Bear in mind that we will focus on a medical expert witness. Read on!
What is the legal definition of an expert witness?
An expert witness is a person with thorough knowledge, specialized skills, and many years of experience. The witness is permitted by the law to testify in court about the happenings of a particular case. The testimony is based on the witness’s knowledge, experience, and skills relevant to the medical field.
Unlike other witnesses who testify in the court on what they have heard, seen, smelled, felt, and touched, a medical expert witness draws conclusions and presents his opinion on medical negligence as part of the testimony.
Who can be an expert witness?
An expert witness is a person who provides an independent opinion in a medical negligence case in accordance with the guidelines and instructions of the court. These instructions are present in the witness’s report. The judge and jury review the report to give a verdict.
A medical expert witness provides his or her opinion in the court in the form of evidence or report. In some medical cases, it is crucial to provide a written statement to the court. Otherwise, the court won’t consider the witness’s opinion.
Moreover, a person who can provide information based on the court rules, comply with specific procedures, provides truthful, independent opinions can be an expert witness. Bear in mind that the expert has an overriding duty to law court or tribunal.
The law requires that an expert witness must have a commitment to excellence, have a flexible schedule to appear in the court, enough free time to analyze the case, and meet the deadlines. An expert witness requires a proper license from relevant authorities and have excellent communication skills, both verbal and written. Moreover, an expert witness must have the following skills:
- Attention to Detail
Moreover, a medical expert witness must breakdown the technical and scientific language into easy terminologies, helping the court to understand the happenings of the case. Likewise, a medical expert witness states opinions with reasonable healthcare certainty to adequate the “expert status.” A witness is a person who helps the judge and jury in reaching a valid conclusion about the case.
What is an example of an expert witness?
There are many examples of expert witnesses. These include witnesses for medical malpractice, negligence, personal injury claims, worker compensation, domestic abuse, sexual assault, criminal and insanity defense, addiction evaluation, prisoner abuse, elder abuse, and determining the cause of death in a medical malpractice case. In this section, we will give you an example of an expert witness to help you understand the concept.
For example, Stephanie John had a surgical procedure that required the surgeon to insert an intrauterine pressure catheter (IUPC) in her pelvic region. However, she experienced a stabbing pain in her pelvic region after a few days.
She underwent an X-ray and ultrasound procedure, which revealed that the surgeon had failed to remove a 10.3 cm portion of the IUPC. The case required a legal surgeon consultant to analyze the happenings and present an opinion on the standard of care for surgeons.
The witness was an expert in the surgical domain who analyzed the entire case and presented testimony before the court based on his scientific and clinical knowledge. The witness interviewed Stephanie John, reviewed her medical records, and assessed the case’s strengths and weaknesses.
Similarly, the expert projected the future health needs and associated costs. The witness also attended independent medical examination to build an impartial and robust testimony that could help the court make the correct verdict.
In Stephanie’s case, the legal surgeon consultant or expert witness provided testimony to the court, proving that the traumatic injury to the patient was caused by the surgeon’s negligent practice during the surgery.
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What is the legal definition of an expert witness – although we have already answered this question, if you need more information or want to hire a medical expert witness, contact Legal Medical Consulting today.