Laws Governing Expert Witness Testimony

Expert witnesses perform an important function in a courtroom. They take a very complex subject that is not known to the majority of people and break it down in layman’s terms so that a jury can understand those complex concepts. Expert witness services are frequently used in medical malpractice cases where a jury might not be able to understand much of the medical jargon that is used in the current flow of the case. It makes good sense to have a witness take the stand and explain why a medical malpractice situation can be defined as medical malpractice and not just an innocent mistake.

Negligence in medical malpractice cases can cause enormous pain and suffering to the people who are subjected to the negligence. Take for example a doctor who fails to order a specific test that could have diagnosed cancer, but he failed to do so, even when presented with strong evidence that the person might have had cancer. In this situation, the doctor is omitting a diagnostic procedure that he should have performed and that in retrospect a judge can determine was negligence. This can cost someone their life in the end, so it’s very important for lawyers to seek justice in cases like this.

Keep in mind that the court will only accept expert witness testimony in this instance when the expert has the same medical training in the same field as the doctor who is being charged with medical malpractice. A lawyer will need to get a judge’s okay in order to submit evidence from the witness that this is an example of medical malpractice, and the jury can trust this particular expert’s opinion because he practices the same area of medicine as the doctor who is being sued for malpractice.

These cases can become very emotional. When a doctor is negligent, many times the person’s life is either taken away – ended – by the negligence or they lose their health over a long period of time as a result. It’s vital for lawyers to aggressively pursue these kinds of cases. For personal injury lawyers, the expert witness is often the only way to communicate the malpractice to the jury. When the expert witness explains why this is an example of medical malpractice, the court can trust that this opinion is sincere and based on sound medical knowledge.

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