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Could an expert witness put your medical negligence claim at risk?
When in the care of medical professionals, we all like to think that we are in the best hands, and that they can only improve our situation. Unfortunately however this is not always the case, and if you have suffered because of medical negligence you are entitled to make a claim.
If it can be proven that medical staff were in breach of their duty of care towards you, and that you have suffered injury or loss as a result of that breach, you should be able to win your claim. In order for the court to decide whether this is the case or not, they will hear evidence from expert witnesses, often from both sides.
What do expert witnesses do?
The role of an expert witness in medical negligence claims is to help the courts establish whether there was a breach of duty that took place in contrast to normal practice, and what would generally be expected of the medical professional in such a situation. They also help to determine whether that breach of care was responsible for the patient’s injury or loss. Essentially, an expert witness can play an important role in establishing whether negligence has occurred.
Because both legal teams on either side of the case often put forward their own expert witnesses, one might wonder whether either witness might skew their analysis of the available evidence in favour of their paymasters, perhaps even twisting the facts. But in the UK there is a system in place that is designed to ensure that expert testimony given is impartial, independent, and above all accurate.
Why expert witnesses in medical negligence cases must be impartial
Any experts that give evidence in cases of medical negligence are required to ensure that the expert evidence they give is entirely accurate. If it is found that they have been misleading in their testimony, they themselves can be held to account for providing evidence which is negligent. As well as being accountable to the client themselves, they are also accountable to the courts. The professional body that regulates their medical field may also take action against them if it is found that they gave false, misleading or inac
curate evidence. This system helps to ensure that experts are true to the facts in cases of medical negligence. While it might be possible to present evidence in a way that puts it in a particular perspective to support either argument, expert witnesses have a vested interest in ensuring that their evidence is not unduly biased or misrepresented to favour one side or the other.
With this in mind, provided you have a sound basis for your medical negligence claim, it should not be possible for your claim to be harmed by the evidence of an expert witness. The role of expert witnesses is in fact essential in proving your claim and obtaining the compensation you deserve, as they make it possible for laypersons in the legal process to understand and better judge whether negligence has occurred.
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