Medical expert witnesses are physicians, nurses, surgeons or other licensed practitioners whose skills and experience qualify them to testify on a particular medical area. In personal injury and medical malpractice lawsuits, attorneys often utilize medical expert witnesses during both the discovery and trial stages.
In personal injury and medical malpractice cases, medical experts provide testimony on a range of issues that can include standards of care, the cause of injuries, and long-term impacts of medical conditions. A medical expert witness must be able to examine the material facts of the case, such as medical records and lay witness testimony. As well as prepare written statements, create models and other visual aids to explain their theories, prepare written reports, and of course, provide expert testimony before the court.
Depending on the jurisdiction, the opinions of a medical expert may be based on their personal experience working in the medical field as well as academic studies and other medical publications. The expert should be able to break down the scientific, technical language, and terminology so that someone without any medical training can understand the key issues of a case.
Although medical expert witnesses are most closely associated with testimony from the stand, a high-quality expert provides value at every phase of the litigation process. Expert analysis and testimony are also essential as the personal injury or medical malpractice case progresses to discovery and, ultimately, trial.