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Civil litigation is usually the result of a person who feels they have suffered harm due to the negligence of another person or organization. Claims will involve seeking damages as a result of such judicial findings as failing to provide a standard of care that can include failure to provide appropriate medical treatment, failure to prevent probable injuries, deliberate misconduct, failure to provide the right medical test results...etc. An essential component of civil litigation that involves physical and emotional damage is the medical expert witness.
The medical expert witness provides evidence and testimony for either the defense or plaintiff in a case. He or she is also used in criminal cases where one is accused of committing a crime that involved injury or death. Expert witnesses are normally enlisted to testify in such cases as vehicle accidents, medical malpractice claims, slip and fall incidents, improper medical diagnosis or treatment, and much more. Medical expert witnesses are enlisted by the state such as in a criminal trial, or they are used by either the defense or plaintiff in a civil trial.
There are many advantages to becoming a medical expert witness. The fee one receives can be quite substantial. One can make a fairly good living as a medical expert witness. Expert witnesses can be paid hourly or as a lump sum. Fees can range from $50.00 per hour to over $500.00 per hour. They are paid for their particular medical experience and for providing the facts, including how they arrived at their conclusion after they have studied the facts.
The medical expert witness can also be considered a valued part of maintaining the integrity of the judicial system. Most medical expert witnesses are hired because of the nature of the particular case and that they specialize in that area. There is a high expectation that these expert witnesses are unbiased and present their opinions in an unbiased manner. A quality medical expert medical can gain a lot of respect and recognition for their work.
Most prosecutors and law firms have their own list of medical expert witnesses. The attorney will assess a case to determine which type of medical expert would help his or her case. Although they are paid for their services by a law firm or the state, medical expert witnesses are mandated to follow a strict code of ethics. They must also have the experience, education, and qualifications to be considered a medical expert. When assessing whether one is a medical expert, Judges will consider whether the expert's opinion has been reviewed by other peers in the medical community and if the opinion has been accepted by others in his or field. The guidelines to accept one as an expert medical witness vary from state to state, and federally. In general, most state laws conform to federal rules regarding malpractice expert testimony. It is important for one to understand both the state and federal guidelines for becoming an expert witness.
The medical expert witness plays an important role in determining medical negligence. Courts and juries rely on the testimony of expert witnesses in order to make their own conclusions. A medical expert witness is a rewarding and lucrative career.
A fundamental factor in proving medical negligence is determining whether the defendant has breached a standard of care owed to the plaintiff. Generally, the standard of care is what a reasonable and prudent person would exercise in a similar situation. The exact method an attorney utilizes in determining his or her selection of a physician, or physician assistant, as an expert witness is unique. Some attorneys may choose only experts within their locale, others may often have a preference for experts familiar with the process and many consult colleagues for recommendations on experts whose services they have utilized. Real know-how involves experience combined with knowledge ultimately translated into being convincing to a jury and able to truly advise the retained counsel. Equally important in retaining an expert is the ability to provide the attorney with a strong commitment to a thorough review and the ability to communicate effectively during deposition and trial testimony.
Courts have relied on the testimony of physicians and physician assistants as expert witnesses to establish the required standard of care in a specific situation and whether that standard of care has been met. Physicians have a responsibility to help with the administration of justice and it is in the best interest of the public that expert medical testimony be not only objective and impartial but also readily available. The probability of achieving fair outcomes in medical liability suits will be enhanced if certain guidelines concerning physician expert witnesses and the testimony of physician assistants are followed.
In a medical liability case, the physician expert witness' responsibility to impart complete, unbiased information to help authorities determine whether the accused physician was medically negligent and caused the plaintiff to suffer injury and/or damages that warrant monetary compensation. The testimony presented by the physician expert witness should reflect the generally accepted standards within his specific area of practice to the greatest possible extent.
All physician expert witnesses should meet the minimum previously determined qualifications. The physician expert witness is required to have an unrestricted license to practice medicine and should be fully trained in the medial specialty or area of practice relevant to the topic about which he is testifying. The physician expert witness should have clinical experience in the same area about which he is testifying and during the two years prior to the action or actions leading to the lawsuit, the physician expert witness should be active in clinical practice in the same area about which he is testifying.
Retaining a physician assistant expert has become more involved than in years past, when the majority of physician assistants were employed in outpatient primary care and specialty employment was rare. Maintaining a generalist physician assistant would fulfill the legal definition for an expert witness. But with the dawn of postgraduate physician assistant residencies and the extension of the physician assistant into every specialty in medicine the attorney may need to specifically look for a physician assistant specializing in a specific discipline.