Winning a case, whether it is a criminal trial or a civil lawsuit, can be quite tough. In certain cases, the prosecution or corporate clients may seem too powerful to overcome in court. One way to get an edge, however, is through the use of a medical expert witness. However, before a person's lawyers hire one, certain things should be considered.
1. What Kind of Medical Expert Witness Should Be Used?
The kind of medical expert witness that is used depends on the circumstances and facts surrounding each different case. For example, a case may involve a death by poisoning. If that is true, a forensic toxicologist could be hired to provide the expert witness testimony needed. Another case may involve blood samples left at the scene of the crime. In this case, a DNA forensic expert should be used instead.
2. Is the Expert Credible?
The qualifications and credentials of an expert are just as important. If a jury becomes skeptical of an expert witness's actual expertise in regards to the science being examined, this can change the entire verdict. A witness's background should be examined thoroughly. This includes that expert's education, tenure at universities, published research and time spent in the field. Overall, that person's breadth of knowledge on the subjects related to the case must be verified to actually be expert level.
3. What Is the Expert's Temperament?
Breadth of knowledge isn't the only thing important when it comes to expert witness testimony. That medical expert witness's temperament is also extremely important. This is due to the fact that juries can be swayed by the emotional aspects of a case in addition to the information provided.
For example, a certain medical expert witness may become agitated by the questions asked during cross examination. That can be devastating to the defense or the prosecution. Overall, the jury wants to discover as much pertinent information as possible. Some of that information is discovered through cross examination. An expert that appears annoyed or angered by these questions may come off as arrogant or not credible to the jury.
4. Could the Expert's Testimony Conflict with Your Side?
Another common pitfall is medical expert witness testimony that actually conflicts with oral arguments or other evidence produced by the lawyers that called that witness. This can certainly backfire and cause the prosecution or defense to lose the verdict.
This can happen for a number of different reasons. Not interviewing an expert witness thoroughly beforehand and discussing how that witness will respond to all possible lines of questioning is often the cause of such fumbles. Preparation is always key to winning a court case. This is no different when it comes to calling a witness.
Environmental Diseases provides forensic examination, analysis, professional advice from renowned forensic toxicologist regarding environmental toxicology issues, drug alcohol abuse, forensic toxicology, pharmacology, internal medicine, and nephrology.
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