Medical Expert Witness
If your client has a complex personal injury case, often times a medical expert is necessary. A medical expert witness will need to review the facts of the case including all pertinent medical records and the case fact pattern. Often times, the expert will use visual aids and develop models to explain their theories and interpretation of the case and events.
Different jurisdictions have different rules on what basis a medical expert witness can base their explanations and theories. In some jurisdictions, a medical expert witness can base his or her opinions on academic work as well as personal work experience. A witness can be afforded “expert” status by virtue of the fact that he can provide opinions and statements with a “reasonable medical certainty.”
Medical malpractice claims often times require an expert witness. Both plaintiff and defense attorneys often times provide the testimony and use of a medical expert witness. The witness usually has extensive medical experience in a hospital or academic setting. Malpractice cases center around negligence during medical care and when serious medical conditions are misdiagnosed by a a primary care provider. The Mayo Clinic estimates that about 20% of patients with serious conditions are misdiagnosed by their primary care physicians.
Cases Involving Surgical Errors
Medical expert witnesses are often called into evaluate cases where a surgical error has taken place. For instance, the number of elective cosmetic procedures has increased dramatically, and claims related to plastic surgery procedures are usually related to death or severe injury. In addition, child birth errors are a large medical malpractice category. About 20% of all medical malpractice cases are filed against obstetricians, gynecologists, and OBGYNs. There are a number of child birth related medical malpractice claims including injuries to the child or mother. Also, prenatal negligence includes a physician’s failure to recognize critical complications during pregnancy.
In addition to expert witness services we can consult on commercial litigation funding. One aspect of funding that is often overlooked is the difficulty in recovering payment once investments are made and cases are resolved. Lawsuit investors are quick to point out that many plaintiffs are reluctant to -pay once their cases resolve. In these instances, litigation between the two parties often ensues. Courts then are forced to make decisions on the legalities of loans for lawsuits. From these decisions that often reach state appeals courts and sometimes the state Supreme Court, decisions regarding litigation funding and the question of whether plaintiff funding qualifies as loans or advances are answered on the state by state level.