Thursday, December 13, 2012

Expert witness and personal injury.

Expert witness and personal injury

In personal injury cases, particularly Medical malpractice, expert witnesses play a critical role in proving that the plaintiff’s injuries were caused by the defendant’s action or negligence.
In majority of the cases, expert witnesses are doctors or other specialized medical professionals who testify on the behalf of the victim. Most of such cases require both defendants and plaintiffs to appoint expert witness to testify their claim.

Burden of proof
In personal injury cases, the burden of proof lies with the plaintiff. The victim has to show by a preponderance of evidence that the defendant’s wrongful conduct or negligence caused injury.

Burden of proof

Expert witness testimony is vital in proving that the actions of defendant caused injury. In case of accident, it is crucial for the doctor who treated those injuries to prove that the injuries were at reasonable degree of medical probability, related to accident. Apart from that, the expert witness will testify that the costs were fair and treatment was necessary.  

Breach of duty
In medical malpractice cases, it is essential to prove breach of duty. You must be able to prove that the doctor failed to provide you with reasonable standard of care. You must also prove that your injuries were a direct result of doctor’s misconduct. Lastly, you need to show that the damages were caused as result of medical mistake.
Breach of duty

In case of medical malpractice, the criteria are nearly impossible to prove without the help of expert witnesses who can evaluate your case to determine whether a doctor, nurse, hospital or other medical professional strayed the medical standards. Expert witnesses are essential to confirm occurrence of medical malpractice.
In this case you certainly need the help of an experienced injuryattorney in Fort Worth TX as well.

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