Personal Injury Law Advice

Whether it is a criminal or civil trial, medical expert witnesses play a key role in helping juries and judges understand medical evidence. Civil claims are normally the result of one party claiming that the other party failed to provide a standard of care which resulted in physical or emotional damage, or both. Whether they are hired by the defense or plaintiff, they must uphold strict ethical standards when providing testimony that relates to medical evidence.

The best use of a medical malpractice expert is to enlist an expert one who specializes in the area of the medical injury. For instance, if one sustains a serious brain injury as the result of a car accident, hiring a brain injury specialist to provide testimony about the damages one incurred will strengthen the case. Another example is if someone slipped on a wet floor in a mall and injured their spine. An orthopedic surgeon would be an effective medical expert witness for a personal injury claim. If you are the one being sued, a medical expert witness can be used to discredit the extent of the claimed injuries which is very important if you are being sued for a large amount of money.

A medical expert witness should be able to separate facts of a case from evidence that is subject to disagreement; or, in other words, medical evidence that can be disputed. To be effective, the expert must have knowledge of the science and medicine associated with the injury in order to either prove or disprove a claim. As well, he or she should be able to provide corroborating evidence to support their testimony such as research or studies where other experts in their field agree with the expert's conclusions about the facts of the case that has been presented to the court. When supported and verifiable testimony is presented by an expert, it makes it easier for a judge or jury to reach an informed conclusion.

A medical expert witness will have an understanding of the technology used to analyze evidence such lab tests, X-Rays, and other diagnostic tools. In recent years, the fast-paced development of innovative forensic technology has led to an increase demand for medical expert witnesses who can explain the tests and the significance of the results.

The strength of a case can be improved when you have the testimony of an expert that is respected by their peers and if their medical opinions are generally accepted by the medical community. If their opinions and conclusions are largely challenged by the medical community, that will lower the expert's credibility. As well, a case will be strengthened if the medical expert can talk in layman terms that are understood by a judge and jury. An expert that uses terms that are too technical will often baffle a jury and judge which can damage a case.

Most prosecutors and law firms will have a list of their own medical expert witnesses. When selecting and using a medical expert, you have to make sure that you make the most of the witness in order to strengthen your case. How one uses the expert witness will often determine the outcome of the case.