Avoid Having Expert Testimony Excluded!
Two facts stand out when one considers the large increase in the amount of expert testimony that is being excluded nowadays:
First, to be INCLUDED in the case, the testimony must be very focused and specifically relevant. This requires the ability to link medical evidence to the specifics of the case.
Second, if testimony passes all tests and is not excluded, that very fact enhances the credibility and power of that testimony! The expert testimony is what wins the case.
According to the judges polled, the biggest problem overall with the use of medical expert witness testimony is the lack of objectivity from such witnesses. They feel many expert witnesses simply become paid advocates for the party that hires them. This lack of objectivity, reinforced by lack of standards for establishing how relevant specific testimony is to a specific case, is what makes many judges question the "reliability" of expert testimony. And this is where the services of a qualified legal nurse consultant can be of tremendous value.
Acting in a consulting capacity, an LNC can identify the case-relevant standards a medical expert's testimony must adhere to, and then prepare questions specifically targeting those aspects of a case that must be emphasized. A qualified LNC can also provide the coaching an expert witnesses needs to provide more focused and objective testimony with respect to specific case needs. This becomes even more apparent when the fact that 40% of all medical experts are in the medical and health professions. An LNC acting as a expert witness management consultant is instrumental in the
- Selection of Qualified Physician Experts
- Selection of Qualified Nursing Experts
- Scheduling of an Independent Medical Exam (IME)
that will benefit your case to the maximum extent.
How an Expert Witness Consultant Helps Win!
The recent Federal Judiciary Center guidelines and related studies has had a significant impact on the "reliability" of a "general practitioner" type of expert witness. This type of testimony is no longer acceptable in a case with any complexity. Such testimony will be almost ineffective, if it is admitted as evidence at all.
Acting as an expert medical witness consultant, a LNC can help your case tremendously by first reviewing the medical history involved to identify just what information is needed from the expert witness, and then translating this need into a series of relevant questions. This is extremely beneficial in areas where Standards of Care (SOC), epidemiological/toxicological studies, or other standards even exist.
The LNC can now locate the medical expert witness most likely to provide the most relevant testimony, and provide the coaching needed, to illustrate to the court the expert is providing information directly applicable to the specifics of the case at hand.
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"Systematic Case Analysis Ensures Success!"™
