An expert witness is an individual that is an expert in their particular field and they are called to testify at a trial. There is something about that trial that suggests this individual could be helpful in establishing the guilt or the innocence of the defendant. For instance, a dentist may be called upon to talk about bite patterns or to testify regarding the dental records of a victim. A neurologist could be called to testify about abnormalities in the defendant’s brain that caused them to commit the crime. There are so many types of expert witnesses that could be called to the stand.

But when hiring an expert witness, it is important that the lawyer doing the hiring asks certain questions before telling that person that they can testify. Those questions include:

- They should be asked to clarify their profession, which is the field they are an expert in. They should also be asked to show their credentials if the lawyer is not already familiar with them.

- They should also be asked to clarify how long they have been in their profession. Longevity can help quite a bit. Then again, there are some individuals just leaving college who have fresher knowledge on the field that they are in.

- The potential expert witness should be asked if they have any personal involvement with the case. It is important that they don’t have some sort of relationship with the defendant. If they do, they will not be called to be an expert witness. It is important that they are in an unbiased situation so that they may present an unbiased opinion on the case. They are expected to give their expert opinion and that is it.

- They should be asked if they have received any information on the case before the interview. This is because being given any advanced information can cause bias. That is why jurors tend to be asked if they have any information regarding the case before the interview. That information can cause an opinion that could compromise the case.

- They could be asked if they have participated in cases such as this before. Experience always helps when trying to find someone who will be comfortable enough to give their opinion on the witness stand. They should also be aware of how to give the necessary details when asked.

- They should also be asked if they have an issue being under oath. Some individuals do have an issue with being under oath due to specific beliefs that they may have. Most do not have an issue with it, though.

- There may be questions specific to their specialization that may be asked to ensure that the potential expert witness does know what they are talking about. It is important to have questions ready that prevents them from pretending that they are the expert.

It is very important to ensure that the potential expert witness is someone who can make some sort of impact on the case. Whether they are working behind the scenes as a non-testifying witness or they are a testifying witness, they have to know what they are talking about. They can’t just pretend that they know what they are talking about just because they want to be involved in the case in some way. Sure, they may get some publicity for it, but that is not a reason to get involved with a case. It is important to ensure that the potential expert witness wants to testify because they genuinely want to help the case. They want to offer some insight that will determine the guilt or innocence of the individual at trial.

Why do patients sue for malpractice?
What is the role of the medical record in how legal cases are screened for merit?
How should health care providers address delay in treatment & failure to rescue patients?
Why it is so important to have legible orders?

Pat Iyer answers these questions and more based on her 22 years of experience as an expert witness and expert in nursing malpractice.

She has much much more info and resources on her website as well:

http://www.medleague.com/

Expert Witness Network
http://www.witness.net

Medical malpractice cases normally occur when a medical professional is alleged to have failed to provide a quality standard of care. Malpractice claims usually involve seeking damages for the plaintiff as a result of intentional misconduct, failure to prevent foreseeable injuries, failure to provide correct test results, and failure to provide proper medical treatment. The most important witness in a medical malpractice claim is the medical malpractice expert witness.

A medical malpractice expert witness is an unbiased medical expert who provides medical and scientific testimony in the medical field where the negligence is alleged to have occurred. They are a member of the medical profession community and have the experience and education to provide informed and quality testimony. They have the ability to interpret medical information and make a sound conclusion. Reputation can be just as important as experience. A malpractice expert witness with a bad reputation will not help a case which could result in a negative outcome. Judges and jurors are more confident in the opinions of malpractice experts who are respected by peers in their area of expertise. This in turn makes jurors feel more assured about their verdict. Medical malpractice expert witnesses can be Pediatricians, Heart Specialists, Neurosurgeons, etc.

The job of a malpractice expert witness is to provide detailed and informed testimony about whether a medical professional failed to provide a quality standard of care. A medical malpractice expert witness has a legal and ethical obligation to provide unbiased testimony in order to ensure the proper delivery of justice.

The malpractice expert witness plays a key role in determining medical negligence. Courts depend on a medical expert witness establish the standards of care relevant to the medical malpractice claim. The expert witness will provide the standard of care relevant to the particular case, point and substantiate any violation of standards, and provide an opinion of how the violation caused the injury. . The testimony should be trustworthy, objective, and accurate. The malpractice expert witness may also be required to give testimony regarding the extent of damages to assist the court in determining what damages should be awarded. It is important to be aware that obtaining a medical malpractice expert witness can be expensive.

The admissibility of malpractice expert witness testimony can vary with state and federal guidelines. Most state laws conform to federal rules regarding malpractice expert testimony, however, some do not. A medical malpractice attorney will be familiar with state and federal guide lines. . In determining whether a malpractice expert witness’ testimony can be admitted, judges consider whether the expert’s opinion has been reviewed by other peers, whether the evidence is sound and confirmed, whether there have been any errors with the evidence that have been noted by other experts, if the testimonial evidence is generally accepted by the medical community, and whether the malpractice expert witness’ conclusion is based on a medically valid method. The defendant will often provide medical expert testimony to counter another expert’s testimony.

The ability of a malpractice expert witness to talk in plain terms that can be understood by either a judge or jury is critical to any medical practice case. An expert witness who confuses or bores a jury or judge can seriously hurt a medical malpractice case.

A medical malpractice expert witness is a key component of every medical malpractice case. When searching for the right malpractice expert witness, it is important to do your research. Many malpractice law firms have a list of medical experts. Choosing a malpractice expert witness can often make the difference between winning and losing a medical malpractice case.

Article Source: http://www.articlesbase.com/law-articles/what-is-a-medical-malpractice-expert-witness-794701.html