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Medical Negligence Cases

How important are expert witness statements in medical negligence cases?

Medical negligence cases can be complicated and intricate. In essence, the claimant has to prove beyond reasonable doubt that the injuries they have sustained are as a direct result of a healthcare professional failing to observe accepted standards of practice and procedure. While this may sound fairly straightforward, cases of this sort can be as complex as the medical matters surrounding them. For each claim the victim makes, the medical professional or organisation involved will do all that they can to disprove it. Often, in order to clarify matters for everyone involved, the services of an expert witness are called for.

What does an expert witness do?

The job of an expert witness in a case for medical negligence is to consider all the available evidence before constructing a conclusion around it. The witness will be a practising professional and considered to have unsurpassed knowledge in his or her field. The witness will consider things such as hospital records, medical notes, operative notes and laboratory results. In addition, it is worth noting that the witness will be completely objective in their approach. The expert witness is there to prove or disprove the alleged incident, not to side with either party.

However, a claimant may opt to call upon the services of an expert witness to convince the court that their injuries are the direct result of medical negligence.

Make or break evidence

The conclusion of an expert witness can help to make or break a case. Because they are regarded as experts in their field, their opinions are taken with extreme gravity. In a case of medical negligence, the expert witness will be drawing their conclusions based on their professional expertise, education and training. It is also important that the witness has no prior relationship with the claimant in either a personal or professional capacity. The point of using expert witnesses is to garner an insight into a case from an impartial individual who is at the forefront of their profession.

In the case that both the claimant and the defendant hire expert witnesses, the decision often rests on which appears to be most credible. Their qualifications and experience will be made known to the court, so that a judge or jury can decide which is likely to be most accurate.

A vital move

Hiring a medical expert witness can be a vital move, depending on the complexity of the case. If you are considering pursuing a claim for medical negligence, your personal injury lawyer may suggest calling on the testimony of an expert witness as an option. This is not to dispute or undermine your testimony. Rather, it is designed to lend weight to your claim, showing the magistrates that, in the eyes of a recognised professional, your case is meritorious.

While the opinion of an expert witness is certainly not the only piece of evidence that is taken into account, it can certainly help to clarify things when the version of events between the two parties is riddled with discrepancy. However, most judges favour witnesses whose primary focus is clinical practice, rather than courtroom appearances. Be wary of those who have a reputation as a ‘gun for hire’ for it could be perceived that they will support whatever claims their fee payer wants them to.

Back to Medical Negligence Articles

FREE GUIDE - 7 Questions You Must Ask Before Choosing Your Medical Negligence Solicitor

If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
• The reasons you should or should not make a claim, including protecting other patients
• Whether using a solicitor or a claims company will make a difference to the success of your claim
• The questions you must ask to ensure you choose the right person to help you with your claim

Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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