Why Is A Dental Expert Witness Called In Malpractice Suits
Posted at by ifydcat on category FinanceThe dental expert witness is hired to testify in dental malpractice suits just as medical expert witnesses are used in medical malpractice lawsuits. If something happens during a procedure that injures the patient, they have the right to bring suit against the dentist who performed the procedure. These cases often are due to permanent injury or disfigurement. Claims seeking damages for pain are not easily proved since any problems in the mouth tend to be very painful in nature.
Dental malpractice lawsuits are more difficult to win than medical malpractice cases because the field of dentistry is very subjective. Each dentist will have a personal slant on any particular procedure and their judgment will be based on their personal experience. It is very important to hire a professional that will back your claims with their testimony.
In cases of pain, it is not easy to prove that the pain is the result of mistreatment since problems with teeth and gums is very painful to begin with. The professional witness will need to testify that the pain experienced following treatment is excessive for the particular procedure and due to the administration of improper medication.
Legal action is taken when a dentist acts irresponsibly which in turn helps to keep others in the profession accountable. Just as with a medical malpractice case, the plaintiffs attorney must be sure that the expert witness service supports the allegations in the suit.
It is very important the the professional connects with the jurors and the judge the same way a physician expert witness does in a court of law. Because the witnesses must testify about very technical procedures, they have to be able to relate that specialized information in terms the layperson can understand. At the same time he or she is clearly presenting the testimony, however, it is important that the professional hold to the role of an authority.
The professional must be able to keep the jury and judge engaged while making their testimony clearly understood. It is also imperative that the professional be well versed in the procedure and its outcomes that is brought into question so that details can be clearly communicated to judge and jury. Someone who has little understanding of the specific procedure cannot present credible testimony and risks losing the interest of jurors.
The malpractice lawsuit results from a patient claim that they sustained injury due to the professional failing to provide them a standard of care. In other words, whether medical or dental, the claim is that a professional caused the patient harm by failing to provide appropriate treatment, avoid expected injuries, and acting in a way that was intentionally negligent.
The testimony of the dental expert witness is the most important of all the testimony in a dental malpractice lawsuit. This professional will have the experience and education to provide accurate testimony regarding the procedure and its expected results, that the case is concerned with. It is also very important to be sure the professional that is used is well respected in his or her field.
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