Sometimes a normal, routine dental procedure goes badly. The patient is left with pain, discomfort and physical or emotional harm. Because the field of medicine or dentistry deals with individual problems that differ from person to person, there can often be no exact definition of right or wrong. Many times a patient in this predicament is forced to sue the physician for malpractice. When that lawsuit goes to trial, the outcome can depend on the testimony of a dental expert witness.
The fact is that over half of all malpractice cases are decided in favor of the defendant, and these whether cases are won or lost is based to a large extent on expert witness testimony. Malpractice claims usually are based on accusations that the doctor or dentist provided care or treatment that was below standards, and resulted in physical or mental injury to the patient. The witness is supposed to provide unbiased scientific data that supports one side or the other.
The technical information presented by lawyers on both sides can be difficult to understand for the average juror. One job of the expert is to explain in common language exactly what exactly was done, what it entailed, and what the injurious result may have been. Anyone claiming to be an authority in this area must be have up-to-date scientific knowledge in order to help lawyers on either side of the argument prove the case.
There are actually two different types of expert witnesses, those who testify and those who do not. The first type normally appears before judge and jury, and his words are heard directly. The other kind of non-testifying witness is expected to evaluate all portions of the procedure in question in order find if the actions taken were harmful or unusual in any regard. Both are essential in malpractice contests.
When choosing any medical expert there are several considerations. He or she must be well-educated and have current knowledge about the procedure in question. What this means is that someone regarded as an authority needs personal experience in the same field. Simply being a doctor or dentist is not enough. The witness must have first-hand experience and be able to explain the exact nature and causes of an injury, why it occurred, and whether the dentist or doctor took the wrong action. And, this testimony must not be couched in medical technicalities designed to confuse a jury.
It is also very important that the dentist or doctor is highly regarded and respected by peers. Someone lacking credibility gained through personal experience will not have an advantage in court. This person is there for only one purpose, and that is to help win cases. If jurors or lawyers don’t respect his authority, chances are the case will be lost. Medical litigation requires that a testifier be honest about his qualifications and thorough in his understanding of the technical aspects of a case, and present an unbiased report.
This type of testimony requires a specialist in the area concerned. He or she should be certified by an officially recognized specialty board. The witness should have a minimum of five years’ experience in a particular area, or have taught in a respected university. They should be current on all procedures, and not have been retired for more than two years. It helps if this individual has experience in previous testimonies, and is familiar with tactics used by lawyers. It is also an advantage to have no ties to local dental establishments, while not being too far away to easily make court appearances.
The testimony of an expert witness may win or lose the case. Using a witness who has never previously testified is inadvisable because he or she may be intimidated by colleagues or lawyers. It is also a good idea most of the time to skip highly visible media personalities known for their books or personal appearances. They don’t guarantee success, and may charge high fees. The most solid choices come via a medical legal service. They will back up their choice of a dental expert witness, and will provide an individual who will present the best testimony, no matter which side of the trial he is supporting.
Medical and Dental Malpractice Consultants provide medical expert witnesses, case evaluations and expert reports.
