A medical expert witness or a dental expert witness often testifies in court, to prove or disprove the nature of a medical claim. Such witnesses have knowledge or expertise beyond what is considered common, and their expertise is supported by their credentials, and experience, in their field. The best testimony delivered by experts is supported by scientifically accepted principles and methods, and is delivered in a manner that is easy for jurors to understand.
Medical expert witnesses are addressed in Federal Rule 702. Under Federal Rule 702, courts may allow the testimony of experts under certain conditions. Testimony must be supported by sufficient facts or data, and must be quantitative, rather than qualitative. Also, experts must use principles and methods which are generally accepted by the scientific community, and must apply those principles and methods reliably, to the facts of the case.
Most experts have advanced degrees, and are highly regarded by their peers. Experts often publish peer-reviewed articles, teach courses, and conduct research in their fields. In all cases, experts must demonstrate thorough preparation, which includes a familiarity with all aspects of the case, and preparation to testify about the case.
A physician expert witness must be able to communicate clearly with the court. Experts must present their testimony so that jurors understand it, but without oversimplifying their explanations, which may cause jurors to question their expertise. Experts should also take care not to boast about or to exaggerate their accomplishments, to avoid fostering animosity with jurors.
Experts must be officially qualified by the court. The court will evaluate the candidate based on expertise, accomplishments, and training related to the subject matter of the case. The opposing lawyer will be permitted to question the background, training, skills, and education of the candidate, before the court makes a ruling.
Professionals may take several avenues to becoming court-qualified experts. By obtaining educational qualifications, updating their curriculum vitae, and obtaining industry certifications, professionals will establish themselves as highly-qualified members of their field. From there, professionals may try starting their own website, stating their availability to testify, or may hire a marketing firm, which will help them to both obtain clients and present their credentials in an effective manner.
Prospective court-qualified experts may also join an expert witness service. A service usually evaluates a court case for merit, before sending it to medical or dental experts. From there, experts may offer a verified report, or an affidavit, giving an exhaustive opinion about the case. Attorneys may have a pre-set list of their own experts, or they may choose to contact experts through one of these services.
The best medical or dental expert witness knows how to support given claims with solid, high-quality evidence. The best witnesses also know how to communicate effectively with jurors, so that jurors recognize their expertise, but are also able to understand the finer points of their work. Attorneys may obtain their experts through a service, or based on a prior working relationship. Because their testimony carries a great deal of weight, a medical expert may have a significant positive or negative impact on the outcome of a case.
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