Medical experts play a crucial role in clinical negligence cases, providing the necessary expertise to assist the court to evaluate whether the necessary standard of care was met by the treating doctor and to assist in advising the court on matters concerning causation and the value of the claim. Their contributions are key in establishing the framework in which treatment was provided, the manner in which it may have been inadequate and the extent to which such errors may have led to a different outcome for the patient. In undertaking such a role, the following matters are ones at the forefront of the expert’s mind:
Establishing Standard of Care
Medical experts clarify what constitutes acceptable practice in a given medical field and situation. In doing so, they seek to compare the doctor’s actions against what a competent doctor exercising ordinary skill and care would have done under similar circumstances.
Assessing Breach of Duty
Experts will review all medical records and any other relevant information concerning the actions or omissions of the doctor to determine if they deviated from the accepted practice in that field of medicine. In doing so, they seek to offer their professional opinions on whether the doctor has breached the appropriate duty of care.
Causation Analysis
Having considered the applicable standard of care, medical experts can advise on whether the practitioner’s breach of duty has directly caused the patient's injury or harm or are there other causes to consider which are not associated with the breach.
Damage Assessment
Medical experts are also able to advise on the extent of the initial injury, it’s longer-term prognosis and the impact on the patient’s life. They can also provide an opinion on the likely course of the patient’s recovery and their ongoing medical needs. These factors will influence the value of the pursuer’s claim.
Expert Reports
Medical experts do, of course, prepare detailed written reports of their findings, having considered the medical records and all other relevant material. Such a written opinion is central to the determination of the case. These reports are submitted as part of the evidence in the case and are often critical to its outcome and can often lead to the resolution of the case long before the date of the court hearing.
Testifying in Court
Medical experts may be called to present their evidence in court, explaining their findings and opinions to the judge and jury. Such evidence can be given in person but also now increasingly can be presented virtually. In doing so, the expert is there to clarify and explain the written report – the medical issues and terminology to make them understandable to the court and all parties involved in the case.
Advising Legal Teams
Legal teams often consult medical experts to assess the viability of a case before proceeding. Experts assist in setting out the medical background to enable legal strategies to be formulated which will include identifying key issues both for and against the case as well as formulating questions for cross-examination.
Independent and Objective Opinions
Medical experts are expected to provide unbiased, independent opinions, regardless of whether they are hired by the pursuer or defender. They adhere to ethical standards, ensuring their assessments are based on medical facts and evidence rather than legal arguments or their own biased viewpoint. Medical experts help educate both legal professionals and clients about medical aspects of the case.
Cross-Examination
During cross-examination, medical experts will be asked questions on their written and verbal opinions and so will need to defend and justify their findings when faced with challenges from the opposing side. Their ability to maintain consistency and credibility under scrutiny can significantly influence the case’s outcome.
Conclusion
Medical experts are vital to the resolution of clinical negligence cases. Their expertise informs the court and its parties of the applicable standard of care; advises on whether a breach can be established; assesses the complex area of causation and assists the court and parties on the certain aspects of the value of the claim. Their involvement ensures that complex medical issues are accurately interpreted and that legal decisions are informed by solid medical knowledge.
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