In medical malpractice cases, both the attorneys will try to prove their points by presenting testimony of medical experts. These testimonies are crucial in determining whether there was wrongdoing, whether the injuries were the result of negligence or carelessness, and the extent of the injuries suffered by the victim.
However, the credentials of these experts are pivotal, for their testimonies to have an effect on the jury. The jurors do not know who these medical experts are, and therefore they should know about the credentials of these experts.
Credentials of Medical Expert Witnesses
Jurors should be told about the medical expert credentials, and this should include:
The qualification of the experts
Where did they undergo training
Where did they do their residency
Whether or not the experts are board certified is extremely important
How much experience they have in the particular matter that is being tried
Impact of Expert Testimony
The impact of the testimony of a board certified expert having over twenty years' experience in the particular field will obviously be quite different from the testimony given by someone who is not board-certified, having hardly any experience. Less importance will be given to the testimony of an expert who has just completed his residency and who is about to start his career.
Therefore, when you bring in a medical expert to testify, it is not only important to introduce the expert to the jury, but also show to the jury why this particular expert has relevant and useful information that will help them understand key issues pertaining to the case.
Jury has to Freedom to Choose Whom to Believe
However, at the end of the case, the judge will tell the jury, to give whatever weight they feel is right, to each of the experts taking the witness stand. Just because a medical expert is popular and is a noted author, it does not mean the jury has to accept whatever that witness says. The jury is given the freedom to determine whom to believe because they are the ones who will be determining who is more likely right than wrong. The verdict of the jury will ultimately depend on who they think is more likely right than wrong.
Therefore, it is critical whenever a medical expert takes the witness stand, the attorney has to not only establish his expertise, but also explain to the jury the credentials of the expert so that they have better understanding of the authority and credibility of the witness.
Once the attorney has provided a strong and forthright introduction along with all the credentials of the medical expert, the jury will now have an accurate picture, and will be in a much better position to decide whether they should believe what the witness is saying. The jury may also believe part of what a particular witness has testified, and may ignore the rest, depending on the impressions they formed based on their credentials and authority.
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