How Is A Dental Expert Witness Called In Court
As with medical malpractice cases that use medical expert witnesses, a dental expert witness is used in cases of dental malpractice. When something goes wrong during a dental procedure, the patient has the right to file a case against the dentist. Most often these cases involve permanent injury or disfigurement, however it is not easy to prove cases that claim pain as the injury since problems with the teeth and gums are usually painful to start with.
Dental malpractice lawsuits are more difficult to win than medical malpractice cases because the field of dentistry is very subjective. Each dentist will have a personal slant on any particular procedure and their judgment will be based on their personal experience. It is very important to hire a professional that will back your claims with their testimony.
In cases of pain, it is not easy to prove that the pain is the result of mistreatment since problems with teeth and gums is very painful to begin with. The professional witness will need to testify that the pain experienced following treatment is excessive for the particular procedure and due to the administration of improper medication.
When the actions of a dentist are reckless, legal steps are taken as a way to keep all dentists accountable. However, the attorney for the plaintiff will need to be certain that the expert witness service they hire will support the claims of the malpractice case just as a medical expert witness will in a medical case.
The professional must be able to connect with the judge and the jury in the courtroom just as a physician expert witness or medical professional must. These witnesses deal with very technical issues and procedures and must be able to put technical information into layman terms so that when it is presented it will be understood. However, it is important for the professional to maintain a role of authority while clearly presenting their testimony.
It is also very important to keep the judge and jury engaged and able to understand the testimony of the professional. The professional testifying, must have a complete understanding of the procedure in question, and its outcomes, and have the ability to clearly communicate it to the jury. Someone who is not well versed in the particular procedure will not be able to present convincing evidence and may lose the attention of the jury.
A malpractice suit is usually the result of a patients claim that the dentist failed to provide a certain standard of care that resulted in some type of injury. In such cases, whether dental or medical, the patient claims the professional caused damages due to a failure to give proper treatment, prevent predictable injuries, and deliberate misconduct.
Of all the testimony in a dental malpractice case, the expert witness testimony is the most important. This person will have the education and experience to provide knowledgeable testimony regarding the particular procedure involved, and its expected outcomes. Additionally, it is important to employ the professional who is well thought of among his colleagues in their field.
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Category: Legal
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