Truth vs. Believability of Expert Witnesses

The truth should always be the main factor in the outcome of a legal case. In reality, we as individuals, frequently make decisions based on who seems believable, honest, or motivated. Jurors base their decisions more on courtroom drama and who appeared believable or most genuine, than on scientific facts and figures and often do not understand the facts. Thus, when choosing an expert witness, factors such likability and trustworthiness, confident body language, and speaking with authority are just as, or more, significant than real expertise. Witnesses who will speak with warmth and make an attempt to spell out the facts in a way a layperson can comprehend are crucial in winning a case. Expertise and credentials are required to allow the expert witness to testify, but play merely a minor role in persuading juries. Some believe that the current legal system in which each side pays and gets expert witnesses, enables the facts to become unimportant in the decision making process. Some have even suggested that so as to rebuild the value of facts, expert witnesses have to be appointed by the court to simply present and clarify the facts.

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Can a Doctor Be Held Liable for a Patient's Unhealthy Conduct?

Family, friends, and caregivers frequently give priceless advice to a physician that can significantly help in diagnosis. How does this information affect possible lawsuits down the road? For example, what if the doctor doesn't use this advice? Can a doctor use this information in the defense of a liability claim and can a jury use it in their deliberations? 

In one case in 2014, a doctor wasn't held liable because the physician was told by buddies of the patient several weeks after the incident, that cocaine was often used by the patient. The physician had been sued for liability because the doctor had made no attempt to recognize the cause of a cyst before draining it. During that procedure the patient went into cardiac arrest. The outcome was in favor of the physician as the jury determined that the cardiac arrest was caused by the patient's unhealthy behavior. Another case in Florida allowed that the physician might still have some liability even in the event the patient's unhealthy behavior contributed to the outcome. Even in the event the patient's behavior was likewise contributory, it is possible that the doctor is also partially negligent.

The best advice is for physicians to check health information provided by family and friends. This advice also has to be documented completely in the patient's chart as well as the attempts made to check the info. If the physician faces a challenge in court, this documented and verified advice will likely be accepted as a legal defense against liability.

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Try the Latest Medical Legal Consulting eBook from Our In-House Expert

Our medical legal consulting firm, MediPro Solutions LLC, is proud to present the most recently released ebook penned by our in-house expert Dr. Honor Schoech. Called “5 Big Mistakes Smart Attorneys Make While Preparing for Their Medical Cases”, the manuscript is designed to be a one-stop resource for legal practitioners intending to take on this type of case.

Lawyers are trained to be the last line of defense for plaintiffs and defendants alike, and we are aware that any self-respecting practitioner in the legal world will aim to mount the best possible argument in their client’s favor. However, as has been said time and again by many latter-day sages, even the best fall down sometimes, and this especially applies to those involved in the convoluted quagmire associated with medical cases. This is because medical cases, by their very nature, are time-consuming and financially demanding, not to mention being very difficult to win.

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Pointers for Getting a Reliable Medical Malpractice Expert Witness

In malpractice cases, you will likely need the services of a specialist in the field comparable to the specialty of the accused so that he may testify on the defendant’s performance in relation to the victim. For instance, if the malpractice of a heart surgeon caused the death of a victim, your expert witness should also be in the same surgical specialization.

Remember that a trustworthy medical malpractice expert witness is one who should be able to give an unbiased testimony about your case. The judge might also have to weigh in on whether or not your expert witness is admissible (to testify) in court.

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Bolster Your Fight for Justice with Top-Rate Medical Legal Consulting

MediPro Solutions LLC, one of the country’s reputable medical legal consulting companies, is ready to help you in your quest for justice, starting with an e-book you can get for FREE: 13 Things To Consider When Choosing A Medical Expert.

Do you know that certain cases involving injuries or botched medical procedures sometimes do not end in the plaintiff’s favor because your medical expert witness is of questionable reputation? When this happens, taking stock of how much time and money spent in seeing the case through will be hard for you or your loved ones. Through our free e-book, we will teach you the finer points of getting a medical expert witness to add credence to your case.

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