How Testimony From Medical Expert Could Support Allegation of Negligence

Someone that has initiated a medical malpractice claim needs to show proof of the doctor’s negligence, in order to win that same case. Personal injury lawyer in Apple Valley knows that the proof of negligence rests at the core of any medical malpractice case.

Who could serve as an expert witness?

• It could be any medical professional that has become familiar with the type of treatment used on the plaintiff/ the former patient.
• It could be any medical professional that has become familiar with the diagnostic procedure used on the plaintiff/the former patient.
• It could be any member of the medical community that has acquired expertise in the diagnosis and treatment of the plaintiff’s condition.

The expert’s job

Explain the physician’s specific duties with respect to the patient. Show how the same duties related to the established standard of care.

Explain how the defendant breached his or her duty as a physician. Provide details on how the defendant’s behavior deviated from the standard of care.

In order to be effective, an expert’s testimony should answer these questions?

Did the doctor charged with negligence manage to address the correct medical issue(s)?
Did the same doctor make the appropriate treatment-of-choice?
Did the physician charged with negligence perform the chosen procedure in a proper manner?

Noteworthy qualities of good testimony

It is memorable.

It makes a complex subject easier to understand.

Situations that highlight the value of the qualities noted above

Memorable testimony could work to strengthen the case made by one of the 2 opposing sides. That would certainly be the case, if the expert for one side had made a statement that failed to match with the statement that had come from the second of 2 opposing experts.

Members of the jury do take notes, but those notes are supposed to job their memories. Their memories are more apt to recall some memorable statements, rather than those that have slipped the jurors’ minds.

Think, too about how hard it would be to take notes, when it is hard to understand what the speaker has said. If you concentrate on the nature of that effort, then you should better appreciate the value of any testimony that makes a complex subject easier to understand.

Studies have shown that a jury’s verdict tends to reflect the ability of the jurors to comprehend a given expert’s message. A jury tends to discount any testimony that was hard to understand.

Not all physicians do a good job of explaining the reasoning behind a selected treatment or diagnostic procedure. True, the legal system does not measure the quality of a doctor’s explanation, when delivered at a patient’s bedside. It does, however, allow juries to measure the quality of a given expert’s testimony.

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