Just about every wrongful death case journey involves medical decisions, so including a medical expert’s testimony can be very helpful in building a case. Such experts provide clarity for laypersons and can strengthen a case with their experienced and authoritative insights. A good wrongful death lawyer will be able to help you find the right medical expert to work on your case.

The Difference Between Expert Testimony and Fact Witness

While both can be valuable in your case, witnesses and experts serve different purposes. A fact witness speaks about their direct experiences or observations related to your case: what they saw or heard. On the other hand, an expert witness offers opinions based on their expertise, helping to provide context and interpretation of medical facts and events.

Medical Experts in the Legal Proceedings

A medical expert serves as a bridge connecting and explaining the complexities of the medical world to everyone involved in the legal proceedings. Their primary role is to offer objective and clear insights into your medical condition, treatment, and potential future implications. By interpreting medical records and explaining them in a way the court can understand, they lend credibility to your claims. Here’s how:

By Ensuring the Admissibility of Medical Evidence

Courts have standards for admitting evidence, and your medical records alone may not meet those criteria. A medical expert, with their specialized knowledge, ensures that the medical evidence you present adheres to the standards. They can testify to the authenticity, relevance, and importance of medical data, ensuring that the court gives due weight to your claims.

By Clarifying Medical Terminology and Procedures

Legal professionals and jurors usually don’t know medical jargon. It’s imperative that the medical facts of your case be presented in such a way that everyone can understand them, so medical experts break down complicated medical terms and procedures, converting them into clear and concise explanations. This way, the court gains a clear understanding of how a particular medical incident or treatment impacted your loved one.

By Quantifying Damages

By evaluating the circumstances of the deceased’s medical situation leading up to their death, the expert can provide crucial insights into the damages incurred. Their expertise may help your lawyer and the court properly calculate intangible losses suffered by the deceased, which can be included in the claim.

By Analyzing the Degree of Negligence or Fault

At the core of any wrongful death case is the question of negligence: was there a breach of the standard of care? If so, to what degree? Medical experts can benchmark the care your loved one received against established medical standards, demonstrating where there were discrepancies.

By drawing from their extensive experience and understanding of medical procedures, they can help establish if negligence occurred and its severity in the case.

By Addressing Counterarguments and Criticisms

Your case will be attacked by the other side, and opposing parties will seek to poke holes in your claims. With a medical expert by your side, you’re better equipped to address counterarguments and criticisms. An expert can respond to alternative interpretations of the medical data, clarifying misconceptions and reinforcing the validity of your claims.

Choosing a Medical Expert With the Help of Your Wrongful Death Lawyer

Choosing the right medical expert for your case is key because it’s not just about having medical knowledge: it’s about having the ability to communicate that knowledge simply and clearly. Many very good medical experts simply cannot convey complex ideas in simple terms. There are also specific Texas court rules that must be followed in choosing an expert witness.

Typically, an ideal medical expert has years of experience in the relevant medical field and has previously provided expert testimony in court. Always defer to the expertise of your lawyer in choosing such an expert. Find out more here about how a lawyer can help.

Challenges in Using Medical Experts

While the advantages of incorporating a medical expert’s testimony in your case are numerous, there are challenges as well. Opposing counsel will likely have their own medical expert, who may offer a different perspective or interpretation of the medical facts. It then becomes a battle of credibility.

This underscores the importance of choosing a well-qualified and experienced medical expert who can confidently present their findings and withstand cross-examination.

The Cost-Benefit Analysis

Engaging a medical expert does have costs, and while their fees can be substantial, the benefits they bring to your case often outweigh the expenses. Think of it as an investment in strengthening your case. Their testimony can make the difference between a successful resolution and an unfavorable outcome. Again, always make the decision in concert with your wrongful death lawyer’s expertise.

From clarifying complex medical terminology to proving negligence, a medical expert can often be invaluable to a wrongful death claim. Talk with your lawyer about whether expert medical could be helpful in your case.