The Importance of Medical Expert Testimony in Injury Cases

The importance of the testimony of medical experts in an injury case. First of all, medical expert, a doctor, when he or she comes to testify, their role is a number of things. First of all, explain what the injury is, talk about the cause of the injury, causation. Next thing is talk about the treatment, past treatment and say, future treatment, surgeries or whatever it might be. And then the fourth thing is to talk about the prognosis which means that doctor's opinion about the necessity of future medical care and what that care looks like. So, a very important role of a medical expert at the time of trial is to explain the injury, the nature of the injury to the jury and to do it in a way that's understandable. You know, I've seen medical experts get up there and talk in a way that no one can understand what they're saying and the jury just checks out. The best medical experts are the ones that are humble, down to earth, and use language that people understand because the medical expert's role is to explain the injury in a way that the jury can receive it and they can understand it as well. Medical expert at trial also has got to discuss the cause of the injury and that's an element in the case that's called causation. And so, what would be discussed is say, the mechanism in an injury, I mean, how did it happen? Was it a workplace accident case? Was it a motor vehicle accident case such as a truck accident case? And a little bit about the collision and then also the way that a person's body reacted and that yes, in fact, the injuries that were sustained, if you had a neck injury, a back injury, a brain injury, that such an injury based on reasonable medical probability was caused by the incident. And the medical expert also will talk about the medical treatment that the person has had, from the emergency room, what was done, why it was done, all the diagnostic testing, visits with medical professionals after that, be it medical doctors, therapists. If the person went out and had to get diagnostic testing like MRIs. What is an MRI, what does it show, what doesn't it show. The same with X-rays. And also, if a surgery was required, we often times will have the surgeon come testify and allow that surgeon to explain the surgical procedure step by step and often times with the use of visuals so the jury can see the step by step and the surgeon will explain the surgery in a way that the jury can understand it. Another important role of a medical expert in a case is to explain the surgical procedures. Instead of the jury just reading the operative report and trying to understand it, it's better to have a medical doctor, the surgeon himself or herself, explain what the procedure was step by step. And, at trial, we'll use demonstrative aids so we'll have pictures created, medical illustrations, of the different steps of the surgery and ask the surgeon to go through and explain each and every step. Doctor, will this assist you in explaining your medical testimony to the jury, and then let the doctor go through and explain the surgical procedure in a way that people can understand it. Another important aspect of medical expert testimony in a case is for that expert to discuss the client's prognosis, the patient's prognosis...and what does that mean? What that means is what the patient's future looks like based on the injuries that were sustained. For instance, what kind of medical treatment is the person going to need? What medical providers, what visits, the extent, the duration, how many visits, how long, prescription medication, that all goes under the umbrella of prognosis. So, testimony of a medical expert helps the jury to understand the injuries, the cause of the injuries, the medical treatment that was required, and also, to understand what the patient's future looks like in terms of medical treatment, impairments, and also costs of future medical treatment. And the purpose of that is to give the jury the information that it needs so that it can understand a person's injuries and what they've gone through and provide justice in a verdict. So, the importance of medical expert testimony, first of all, is to talk about the injuries. Second of all, is to talk about causation, what caused the injuries and how that happened. Third is to discuss medical treatment, in the past. And also, finally, to discuss medical treatment in the future and the client's prognosis, what the client, what the patient's future looks like. And all of this information is critical for a jury and a judge to understand a person's injuries and the effect that it's had on their life so justice can be done. So if you would like to learn more about the importance of medical experts in a case or have any questions, please don't hesitate to reach out to us here at The Callahan Law Firm. You can contact us through the website which is www.thecallahanlawfirm.com or feel free to call us at 713-224-9000 and we'll be happy to talk with you and answer all the questions that you have.