NEWSLETTER 8: EXPERT MEDICAL WITNESSES

In a medical malpractice case, expert medical opinions are usually mandatory to establish that the defendant physician departed from good medical practice and that such departure was the legal cause of injury to the patient. Expert medical witnesses' testimony on facts and opinions is offered to the jury for guidance. Usually, the physician will also present a medical expert who renders the contrary opinion — that either the defendant physician's care was reasonable and appropriate or that anything that the physician did or did not do was not the legal cause of any harm to the patient, or both. It is the jury's function to determine the qualifications of the expert witnesses and the effect of the witnesses' testimony on their judgment of the case. If a jury person believes the testimony of a certain expert witness, then he or she may be guided in the ultimate decisions on the issues the expert covered.

Experts are permitted to testify because of their special training in and knowledge of the field in which they are testifying. Generally, the rule is that if a person has knowledge and experience beyond that of the ordinary person in the community, he/she can testify not only as to facts but also as to his/her opinions. An opinion is only as good as the facts and reasons on which it is based. If a fact supporting an opinion is not proven at trial, or has been disproved, the jury must consider that in determining the value of the opinion.

Likewise, the jury must consider the strengths and weaknesses of the reasons on which the Medical Malpractice Case is based as illustrated by the Expert Medical Witness.