Why Do I Need a Medical Expert Witness
If you are a lawyer working on a medical court case, you already know you have a long road and late nights ahead. Whether it be medical malpractice, negligence, personal injury, or worker’s compensation claims, you will find yourself under a mountain of information that includes medical jargon and data that you might not fully understand. Your goal is to support your client and present the best case possible, but you are not a physician or surgeon. Cue the medical expert witnesses. Medical expert witnesses can provide the explanations and testimonies that can make or break a claim. If you are facing a medical court case, there are multiple reasons why you should hire a medical expert witness.
When representing a client in a medical court case, the client will undeniably present you with information regarding their claim that shows they deserve justice. This is true for both the plaintiff and the defense. A civilian will be seeking justice for malpractice, and a physician, surgeon, or company will be seeking to show that they were not negligent or in the wrong at any point in time. Regardless, there will be a lot of preparation involved before the trial, and a medical expert’s help is crucial. They are an essential tool for lawyers in the preparations before the trial.
A medical expert can help in multiple ways before the trial by:
- Adding knowledge and experience to know whether a case should go to trial or be settled outside of court.
- Examining the information, establishing an opinion, and discussing their findings with the client and legal team.
- Looking over the series of events leading up to the claim to break down exactly what happened in layman’s terms.
- Providing knowledge to help the attorney and the legal team work through the medical jargon and complex procedures.
- Give insight and expertise based on their experience that is relevant to the current claim.
All of the medical expert’s knowledge and insight during pre-trial preparations can prove priceless in terms of the direction that a legal team will be taking during the trial.
On the day of the trial, you will be focused on giving your client the best outcome possible. This outcome can be in the form of getting reparations for the plaintiff, helping a physician keep their license and integrity or a helping company uphold their reputation. In the end, you are there to represent your client to the best of your abilities. In medical cases, this will also involve the use of a medical expert witness. In most cases, the expert witness you retained during the pre-trial preparations will be the one to give the testimony on the day of the trial. Having a seasoned medical expert witness gives peace of mind that they understand what it is like being on the witness stand and that they will not “crack” under pressure. They will be questioned by you and cross-examined by the opposing legal team to answer questions and provide their expertise based on the claim in question.
Here are a few main benefits of having a medical expert witness on court day:
- Provide an unbiased explanation of what the medical procedure is.
- A breakdown of the steps before, during, and after the procedure.
- Help the jury understand what the “standard” practice is and how it was either followed or broken.
- Explain to the jury in layman’s terms the medical jargon and data that has been presented during the case.
- Answer questions from the opposing side with confidence and poise.
Both sides are allowed to have medical expert witnesses testify during the trial. Not having a medical witness can be detrimental if the opposing side presents one. The medical witness is who the jury will trust to provide correct and unbiased information.
Watch the YouTube video – Medical Malpractice Expert Witnesses Should Have Strong Testifying Skills
Choosing an Expert
Choosing the correct medical expert can also be crucial in winning your case. First, you must select an expert with relevant experience in the medical field of claim in question. Let the team at Juris Medicus find the perfect expert for your case. Serving Texas, Juris Medicus researches and invites professionals in all medical specialties, including spine experts, chiropractic experts, pain management experts, and experts in dentistry, pediatrics, dermatology, and more, to be part of their witness team. They have an organized and proven process when working with a medical expert. Founded by leadership experts in the fields of medicine and business, Juris Medicus can provide you with the experts you need to help your client and their case. Read our previous article on “How to Choose an Expert Witness” for a more detailed explanation.