Powered by Blogger.

Blog Archive

Thursday, February 18, 2016

By Steven Rogers


All cases touching on the negligence of a medical practitioner require the services of an expert witness. A Medical malpractice expert witness is a person who is trained and qualified to practice as a doctor. This is especially when the facts of a case are too complex to be explained by a person who is not practicing. Some states have made rules making this type of testimony mandatory before a lawsuit against a negligent doctor can be initiated.

As a client one needs to know the basic facts about an expert. He should be able to understand situations that call for these services and those that do not. He should also be aware of the specific components of that evidence. It is also crucial to get to know who can be such a witness and who cannot. All this will enable him to understand when it is necessary and when to testify himself.

The need for expert evidence. Almost all malpractices in medicine require this type of testimony. Without it the claimant may not get the required compensation. A judge in such cases may decide to give a verdict so early even before the case documents are properly organized. In most cases the bench judges will adopt the opinion presented to them by the professional in the field when making the final determination.

Getting the right nurse or doctor to give evidence may be challenging. This holds true, since most of them are always busy in the work designations. The total amount that is paid to them is also quite high. This will therefore call for weighing the possibilities of winning against those of losing a case. In cases that relate to the technicalities in the profession, hiring a witness is crucial.

Contents. Two questions will be addressed at this stage. The first will check the probability that he followed the standard of care while providing the service. This is the service that any reasonable doctor would have given while acting in the same position. The second, he assess whether the injury to the patient is as a result of the failure to meet the standard of care.

Different nations have specified different rules applicable when testifying. A claim that results in a specific medical field should be dealt with by experts in that field. This becomes possible by the various training and the accumulated experience.

When the facts of the case are so common, a witness is not that needed. However, one should not make an assumption that a certain case will not require the services of a practitioner. This is because a well versed defense attorney may be hired.

Choosing an expert maybe too hard. This will at times require an attorney to explain the different state rules pertaining to the requirement to testify. This will help to set things in order at an advanced stage and make a basis for winning the case.




About the Author:



0 comments:

Post a Comment