The Role Of A Medical Expert In A Trial

If you’re a part of a legal case, our guess is that you are probably feeling a little bit lost and are in need of guidance. Typically, that guidance comes in the form of an attorney. 

Still, attorneys don’t possess all the knowledge in the world so depending on the circumstances, your legal counsel may look for external consultants for help - most likely the expertise of a medical expert.

Today, we’ll describe the occupation of these expert witnesses and explore how they can benefit your case.

Who Are Medical Expert Witnesses And What Do They Do?

In cases such as medical malpractice, a medical expert witness is a crucial asset for plaintiffs filing a lawsuit against another party. For example, if you file a lawsuit against a negligent physician following an injury, the testimony by an expert can do wonders for strengthening your case.

These experts come from a variety of different medical backgrounds. For instance, a medical expert witness may be a nurse, physician, surgeon, or any other licensed medical practitioner. These witnesses have the necessary skill, educational background, and experience which qualifies them to testify on behalf of the plaintiff on a particular medical area in a court of law.

Oftentimes they are hired by attorneys in different kinds of cases, most commonly in malpractice and personal injury lawsuits during discovery and trial stages.

Their role is pretty simple. Since medical cases require a high degree of advanced skills, the court requires someone with the necessary knowledge to clarify the facts of the case. The main purpose of their testimony is to educate the jury and the judge on the intricacies of the injuries that the plaintiff has experienced.

For example, they may be called upon to testify on the issues related to their area of expertise such as the standards of care. They may also testify as to the severity of the injury in question, and how the injury has affected the plaintiff and their day-to-day abilities. 

This is where their ability to explain and present complex information into layman's terms comes in. A medical expert witness is usually the witness that may very well change the course of a personal injury or a malpractice lawsuit.

Even though they’re mostly associated with providing testimony at a trial, they can also provide value for attorneys in all stages of litigation. For instance, they may assist attorneys in evaluating cases before filing a lawsuit, but they’re as valuable as the case progresses to further stages such as discovery. 

Now, whether you need a medical expert witness depends on the complexity of the case and the potential settlements. In lawsuits where the final settlement is relatively low, the cost of hiring a medical expert may outweigh the benefits.

Nevertheless, the higher the value of the settlement the greater the need for a compelling expert medical testimony.

The Benefits Of Expert Witness Testimony

If the case you’re involved in fits the bill, here are the benefits of working closely with a medical expert witness:

First, you can strengthen your case and make your points more persuasive. This is what ensures the success of your lawsuit, as cases that lack credibility generally yield low settlement offers or result in a straight-out dismissal. 

With an expert on board, you can see to it that your case gets presented in a logical manner and that you have enough solid evidence to back up your claims. 

Equally as important, a medical expert witness can testify on your behalf and inform the jury of any information that’s unknown to the uninitiated. In malpractice cases, the expert can do their magic and explain the facts of the case to influence the jury. Since juries usually have limited knowledge about medical issues, they’ll have no clear idea about the procedure or the injury in question. An expert can help guide the jury through the intricacies of the event in great detail that will clarify if any mistakes have been made.

For example, they’ll point out exactly what went wrong in the procedure, how it could have been avoided, and why they consider the case to be medical malpractice.

Important Medical Expert Witness Qualities

It goes without saying that the medical expert witness you hire needs to be Board Certified and possess experience in areas relevant to your case. You should seek out an authoritative physician who is still active in their field but consults only part-time. This way, they don’t sacrifice their credibility or abandon their medical practice to participate in medical legal cases.

When hiring a medical expert witness, make sure that they have demonstrated experience in the specific conditions or procedures that apply to your case.

Additionally, an expert has to have the necessary experience with medico-legal processes which includes knowledge of standards of care and causation. They also need to have a deep record of written and oral testimonies.

Lastly, an expert witness needs to possess the communication skills necessary to demystify complex medical terms and procedures to jurors. They have to be able to condense their expertise into a clear and concise testimony without relying on medical jargon.

Get Your Point Across

Hiring an expert witness in your medical case can make the difference between disappointment and getting compensated fairly. Without them, jurors and the judge wouldn’t have the necessary insight into the intricacies of your malpractice or personal injury case.

Any legal process has one goal - reaching a reasonable settlement. 

A medical expert witness is there to ensure that this process happens faster instead of the case ending up in years of complex litigation that won’t go anywhere. As a huge plus, sometimes, the other party will settle the case out of court when they learn that you’re bringing on an expert who will testify on your behalf.

The opposing party may even hire their own expert witness. This will only help the case as the jury will get to hear two opposing testimonies regarding a procedure that may have gone wrong. Ultimately, this only helps the jury reach a conclusion that is correct.

All in the name of justice, we say!