Expert Witnesses General Information Legal Definitions

When You Need Medical Legal Expert Witnesses

Medical Legal Expert Witnesses are qualified health professionals who testify before the court to help the judge and jury understand the technical facts in a medical negligence case. Almost all medical negligence cases require the plaintiff or defendant to hire a medical expert to present his/her testimony before the court.

Because a medical malpractice case often has complex information, non-medical professionals do not understand it. That’s why medical legal expert witnesses help the court, judge, or jury understand the technical data, facts, or evidence. The purpose is to let the jury or judge make an informed verdict.

Who can be an expert witness? According to the Federal Rules of Evidence 702, an expert witness is a person with education, knowledge, skill, and experience in a specialized field. For instance, a forensic expert witness has work experience in federal, state, or local laboratories and has extensive knowledge of crime scene investigation, DNA sampling, analysis, preparing reports, etc.

Different types of expert witnesses are medical experts, vocational experts, forensic experts, engineering experts, financial experts, parenting experts, securities experts, and mental health experts. Let us now talk about when you need medical legal expert witnesses. Read on!

When you need Medical Legal Expert Witnesses?

According to Legal Medical Consulting, Dallas, TX, almost all medical malpractice or negligence cases require expert testimonies from medical expert witnesses. The judge will dismiss the case if you don’t fail to hire a medical expert witness.

Because the jury and judge can’t interpret the technical information in a medical malpractice case, they will need medical legal expert witnesses to understand the facts. That way, they can make informed decisions to ensure justice is served.

Finding a medical legal expert to testify in court is essential in almost all medical malpractice cases. Therefore, it is crucial to hire a professional, qualified, knowledgeable, and experienced expert witness. Legal Medical Consulting, Dallas, TX, can help in this regard and prepare an expert testimony based on facts. Let us give you an example:

Medical Malpractice Claims – Example

Legal Medical Consulting, Dallas, TX, has medical expert witnesses specializing in different domains, including surgery, medicine, oncology, primary care, pediatrics, family medicine, cardiology, emergency medicine, and ophthalmology.

Our experts have extensive medical knowledge and experience in hospitals, private practices, laboratories, and clinics. Our medical legal expert witnesses can opine on the standard of care and prepare impartial, evidence-based testimonies to help the jury conclude the case.  Let us talk about a particular situation in which the victim will need a medical expert witness. Continue reading!

Misdiagnosis or Delayed Diagnosis

Failure to diagnose, also known as delayed or misdiagnosis, is a common medical negligence case. Research studies show that over 20% of patients with severe medical conditions often complain about misdiagnosis by their doctors or surgeons.

According to Legal Medical Consulting, Dallas, TX, commonly misdiagnosed health conditions include heart attack, cancer, celiac disease, stroke, thyroid disorders, and fibromyalgia. When a doctor fails to diagnose a particular condition properly, it increases the patient’s risk of suffering from harm. Remember, misdiagnosis can sometimes lead to the death of the patient. Here is a case example!

Spinal Pain – Misdiagnosis Example

Ricky Ponting, the plaintiff, brought a medical negligence action against the surgeon Shane Watson who failed to refer him to medical imaging or tests about his spinal pain. The surgeon misdiagnosed the condition of the patient. Ponting had a herniated disc, but the surgeon diagnosed a degenerative disc disease and sciatica.

The surgeon performed a spinal fusion surgery called PLIF, leading to severe complications, including increased pain and spinal disability. Ponting discussed his case with medical legal expert witnesses, including a spinal surgeon, psychologist, and radiologist. These expert witnesses established that the defendant, Dr. Shane Watson, breaches the standard of care owed to Ricky Ponting.

The court found the testimony of these medical legal expert witnesses convincing, factual, and reliable. The court held that Ricky Ponting, the plaintiff, had met the burden of proof, and the defendant failed to meet the standard of care. The court awarded Ponting nearly $8 million in damages.

Final Words

A medical expert witness presents oral or written testimony to the court, depending on the jurisdiction. The opinion or deposition of a medical expert is based on his/her personal experiences working in a specialized health area, extensive research, experience, academic publications, etc.

Are you a victim in a medical negligence case? Do you want to receive compensation for your pain and suffering? If yes, contact Legal Medical consulting for qualified, professional, experienced, and licensed medical legal expert witnesses who will make substantial efforts to prepare evidence-based and unbiased testimony.

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