What Can A Surgical Expert Medical Witness Do For You At Trial?
What Can a Surgical Expert Medical Witness Do for You at Trial? An expert witness can be retained by counsel as a consultant or be used to testify in court. These witnesses perform two important functions. The first is to use their tools, experience, and education to evaluate the evidence of a case, then form an educated opinion of that evidence as it relates to a court case. The other function of expert witnesses is to communicate that opinion to those present in the courtroom; primarily the judge and/or jury as well as attorneys.
Physicians play an important role in this system, as noted by the American College of Surgeons in their April 2011 Bulletin. They issued a statement saying, in part, that physicians have an obligation to testify in court as expert witnesses when appropriate. Surgeons are just
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The ideal surgical expert witness will have certain attributes above the rest. A list of guidelines below will help you in making that decision.
● The best expert witnesses can explain things to a variety of audiences. Not every surgeon is comfortable or willing to discuss complicated medical procedures outside of the operating room.
● Ideally, your surgical expert has, or had, hospital privileges where the incident in your case occurred. This helps you make a more accurate comparison about the treatment that took place there.
● The best surgical experts act as impartial educators, giving differing viewpoints as needed. Their testimony will not favor any party in the case, rather, it will be a truthful explanation of the circumstances surrounding the incident regardless of the surgeon's personal opinions.
● Ideally, your surgical expert demonstrates relevant continuing education specific to the circumstances of the case. All surgeons are required to complete continuing education but not necessarily in the specific area.
● The specialty of your expert should be appropriate to the subject matter of the
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