Benefits of a medical expert witness
Medical expert witnesses are physicians, nurses, surgeons or other licensed practitioners whose skills and experience qualify them to testify on a particular medical area. In personal injury and medical malpractice lawsuits, attorneys often utilize medical expert witnesses during both the discovery and trial stages.
Benefits of a medical expert witness
In personal injury and medical malpractice cases, medical experts typically are called upon to provide testimony on a range of issues directly related to their professional experience. These issues can include standards of care, the cause of injuries and long-term impacts of medical conditions.
Although medical expert witnesses are most closely associated with testimony from the stand, a high-quality expert provides value at every stage of litigation. The findings of a medical expert witness, for example, can aid attorneys in evaluating the merits of a case before proceeding to file a lawsuit. Expert analysis and testimony are also essential as your case progresses to discovery and, ultimately, trial.
Qualities of an effective medical expert witness
It’s crucial to choose a medical expert witness who is Board Certified and experienced in areas pertinent to your case. Equally important is choosing an expert who is actively practicing in the U.S.A. “professional expert” does not command the same level of authority as a physician who actively works in the field and consults on a part-time basis.
But beyond these basic criteria, a number of factors separate highly qualified medical experts from the pack.
- Education and training: Our medical expert witnesses have completed training at top universities and are Board Certified.
- Experience: Our medical expert witnesses are actively practicing medicine in the U.S. We match you with experts who have demonstrated experience with the specific conditions, treatments or procedures pertinent to your case.
- Familiarity with the medico-legal process: Our expert witnesses have experience in the medical-legal field, including standards of care and causation. They have a track record for high-quality written and oral testimony.
- Demeanor and communication skills: Medical expert witnesses are often called upon to present and demystify complex procedures to jurors who likely don’t understand medical terminology. Physicians who can move beyond jargon and communicate in a clear, understandable fashion are typically the most effective medical expert witnesses.
Whether your client is a plaintiff who has been injured or a medical professional or institution that has been named as a defendant in a case, the support of an experienced medical expert witness is absolutely necessary. A medical expert witness must be able to examine the material facts of the case, such as medical records and lay witness testimony. As well as prepare written statements, create models and other visual aids to explain their theories, prepare written reports, and of course, provide expert testimony before the court.
Depending on the jurisdiction, the opinions of a medical expert may be based on their personal experience working in the medical field as well as academic studies and other medical publications. The expert should be able to break down the scientific, technical language and terminology so that someone without any medical training can understand the key issues of a case. A medical expert witness must be able to state opinions with “reasonable medical certainty” in order to be afforded “expert” status. They must also aid the judge or jury in reaching a more valid conclusion about the facts of the case than they would have without the expert’s testimony. The opinion of a medical expert witness testimony can be useful in a wide variety of cases.
The definition of an expert witness, according to the Federal Rule of Evidence
An expert witness is a person with specialized skill sets whose opinion may help a jury make sense of the factual evidence of a case. Testimonies from expert witnesses can have a tremendous influence on the final decision of the judge. As such, the admissibility standards of experts are strictly outlined in the Federal Rule of Evidence (FRE) 702, with specific definitions of (a) the qualifications of the expert witnesses and (b) the level of admissible testimony. An expert only meets the standards of a reliable expert witness when they satisfy all of the four primary pillars defined in the FRE 702.
The four main pillars of FRE 702
1) Qualifications
In order to be admissible, an expert witness must:
- Practice in a profession relevant to the issue of the case
- Be skilled in their particular profession
- Have specialized knowledge through training, education, or practical experience
The expert is qualified to opine on the case if and only if his or her professional knowledge and skill set will assist the jury in better understanding the evidence. The expert’s knowledge must be above and beyond the knowledge of the jury. He or she does not necessarily have to be the best in the field, nor be equipped with all of the facts regarding the case, as long as his or her expertise is relevant.
2) Reliability
An expert witness’ testimony by the expert must be based on:
- Sufficient data and factual information
- Accepted principle and methods that are commonly used in the field
- Appropriate application of the principles and methods
The expert’s testimony is admissible so long as the expert uses unambiguous data and follows the standard of practice in his or her field of expertise.
3) Helpfulness
An expert must be able to add value to the case by assisting the fact finder. Therefore, the expert testimony must:
- Provide a reliable opinion to help the fact finders reach a conclusion
- Include valid scientific connections pertaining to case evidence that was not previously apparent
An expert is not considered helpful if his or her assumptions do not apply to the facts of the case. The expert must provide information that is new and not obvious to the jury, making sure that there is no analytical gap in their reasoning.
4) Foundation
The expert’s opinion must be based on foundational facts agreed upon by other experts in the same field. The facts from which the expert derives their conclusion must be accurate and pertinent to the issue of the case.
