Expert Witnesses Testimony Results in Costly Verdict Reversal

A three-judge panel in in Florida's Third District Court of Appeals recently stopped a $4.1 million judgment and ordered a fresh trial. The defendant in the event, a Florida pediatrician, argued he was refused a fair trial since expert witnesses and their testimony were improperly applied during trial.

The plaintiff was treated by the physician until 2006 from her birth in 2000. In this six-year period, the parents claim that she endured a kidney condition that the doctor did not identify or treat. According to the parents, physician didn't acknowledge or follow up on elevated levels of protein within urine samples which suggested a serious kidney disorder. The girl ultimately needed a kidney transplant and her parents were awarded $4.1 million in a subsequent medical malpractice lawsuit.

The physician appealed the verdict, claiming inappropriate usage of expert witnesses by the plaintiff’s lawyer. The initial judge in the lawsuit had ruled that both sides were limited to one expert per specialty. Prior to the case being concluded, however, that judge retired.  The subsequent judge did not hold the plaintiff’s lawyer to that ruling. The plaintiff’s attorney called four expert witnesses to testify and also misrepresented that expert testimony in closing arguments.

The Third District Court of Appeals said the improper utilization of medical experts and their testimony required a new trial in this instance and agreed with the defendant’s arguments concerning his denial of a fair trial.

Attorneys must follow guidelines regarding expert witness characterization in their testimony and presentation of expert witnesses. Failing to follow these rules can result in unfair trials and delays in settlements for many who have suffered damage.

To discover the best medical expert witness services, contact us.

Do You Need a Medical Expert Witness?

A medical expert witness is imperative to prove a medical malpractice case whether you represent the victim, or the physician or medical team accused of malpractice.

Why is it so important to have a medical expert testifying on your behalf?

The most overriding reason is the fact that in any medical malpractice case, many complex and technical terms will be utilized by both sides. A jury filled with laypeople who may or may not be acquainted with the technical medical terminology can be confused by these terms. It's the expert medical witness’s job to decode the technical terms and present the case in an understandable way to the jury.

The jury might not agree with a medical expert’s opinion, however, they must utilize the expert’s opinion to consider the important facts of the case at hand. It is, therefore, crucial to find a medical expert witness that is able to present your case in a clear, concise, and favorable way to the jury.

This is where we come in. MediPro Solutions is a small business that locates and provides medical experts to either side of a medical malpractice lawsuit. Our founder, Dr. Honor A. Schoech, MD, handpicks the expert witnesses all herself. Thus, she can promise that you will be satisfied with the personal attention given to each and every case.

If you are in need a medical expert witness for a medical malpractice case, contact us now.

HOW TO GET THE MOST OUT OF YOUR MEDICAL EXPERT

What is the best way to maximize the efficacy of your medical expert witness and minimize the cost?  A lot of attorneys seem to be frustrated with a product that is not what they were searching for and high bills. I work with lawyers and physician medical experts every day, and I also do expert witness work myself. In my experience, the best thing you can do as a lawyer to optimize the efficiency and minimize the cost of your medical expert is to:

Make Sure Your Medical Expert Knows Exactly What You Want Them To Do!

Every case and every attorney client is distinct; your medical specialist must be told what you want from them. If you tell them to "review a case" be very specific regarding what that means to you personally! Do you want them to: write a case summary; build a timeline; analyze the case for merit; write a medical opinion; or examine one area of the records? Tell your medical specialist what has been done and what you already know about the case. Give specific directions considering whether you need an oral or written report and precisely what criteria should be included.

Ensure that your medical expert knows which sections of the case don't need to be reviewed. For example, is there something special you're seeking in the nurse's notes, or, since you have already gone through them yourself, can they be put aside?

Have a comprehensive list of what you need before you contact an expert. What should they stay away from, has the case already been reviewed for merit?  I know firsthand if you are more specific you will save money and get results that are far more relevant to your needs!

Hopefully you found this tip helpful to your practice! To learn more about our services,please contact us today! Your first consultation with one of our physician directors is always free.