Friday, January 30, 2009

When should you hire a Medical Expert Witness?

By A Nutt

In todays world, more often than not, and probably more often than necessary, a dispute of any variety will end up before a judge in a court of law. Car accidents, slip and falls, property damage and malpractice are just some of the reasons the countrys judicial system is so back logged with pending cases. If you are involved in and serious about winning a court case there may come a point where an expert witness could really solidify your testimony to the judge and jury " but at what point do you make the decision that its necessary to hire a medical expert witness?

Almost any court case can benefit from the testimony of a well respected expert witness, but only in certain cases is it necessary to have the testimony of a medical expert witness.

Medical Malpractice

This type of case lets you now that your side will be stronger with a medical expert in your corner right in the name. A medical malpractice suit takes place when you are alleging that a medical professional was either negligent in their duties or lax in follow up care to the point that you were caused physical (or in some cases emotional) damage as a result. If the environment you were operated in wasnt sterile and you ended up with an infection, if there was a sponge left inside of you after your incision was closed or if your doctor failed to give you the appropriate follow up care instructions " then your case is the perfect candidate for using a medical expert witness.

In any of the aforementioned situations a medical expert witness will be able to truthfully address the wrong doings of your doctor and explain how those wrong doings caused the situation that you ended up in at the time of the lawsuit. They will also be able to relay what the appropriate course of action should have been, and testify to the level of success of the same procedure in patients who received the proper care and appropriate after care instructions.

On the Job Injuries

If you have a case against your employer due to an injury that you sustained on the job, then it may be a good idea to contract a medical expert witness. Regardless of what the injury you have is or how you were injured, a medical expert witness testimony may help convince jurors to rule in your favor. In any case that an average person may have difficulty contemplating exactly how the injury came about, a medical expert witness may be necessary to your case " if you received a back injury due to the surface that you stand on, or nerve damage due to a repetitive movement, or anything that isnt customary or common knowledge to a group of your peers as far as injuries are concerned than your likelihood of winning without the testimony of a medical expert witness is slim.

Direct Fault Injuries

If you were hit by an automobile, were tripped up by your neighbors damaged walkway, had a box from a moving truck dropped on you or slipped on a wet tile floor in the mall - and a serious injury resulted, a medical expert witness could certainly help your case. There are so many of these lawsuits occurring every single day that juries arent very inclined to believe the victim " they often view the plaintiff as someone trying to get a quick payday with a phony lawsuit. If you actually have a serious injury and need your medical expenses paid for, a well respected medical expert witness can help to convince the jury of that and help you to win the decision.

A good medical expert witness will be a respected member of the medical community and widely recognized as an expert in the type of injury that your lawsuit is based on. He or she will be able to provide all of the facts and figures present in published reports pertaining to the injury or ailment that you are suffering from and will know beyond a shadow of a doubt that the injury or ailment that you are suffering from is a direct result of the actions or lack of action of the cases defendant.

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