Professional Liability Lawsuits And The Dental Expert Witness

By A.Noton

When it comes to finding a dental expert witness or a medical expert, you must be informed. What you don’t know can hurt your chances of winning your case. Health care providers, including physicians, dentists and allied health care professionals are at risk of a professional liability lawsuit every time they provide patient care. There are two sides to a lawsuit, the plaintiff and the defendant. The plaintiff is the individual who has initiated the suit. The defendant is the person or entity that is being sued by the plaintiff who is alleging malpractice.

From a purely objective viewpoint, neither side should be viewed as good or bad, or right or wrong. The terms plaintiff and defendant simply identify which party brought the action and which party is being sued. Regarding health care and professional liability lawsuits, it is safe to assume that the patient is the plaintiff and the health care provider is the defendant.

The role played by the expert is to review the dental or medical records pertinent to the suit. Following review, the expert will opine as to whether or not the claim has any merit, and whether or not in their judgment there was any malpractice committed. Each side has their own expert or experts. The plaintiff’s expert is engaged by their attorney, and the defendant’s expert is engaged by their attorney.

In the case of the defendant, the party who will bear the cost of the expert will ultimately be the defendant’s professional liability insurance provider. Initially the plaintiff’s attorney will bear the cost of the expert. If the plaintiff prevails in the suit, the cost of the plaintiff’s expert will be deducted from whatever monetary award the plaintiff receives from the defendant.

When a professional liability matter goes before a trier of fact, either a jury trial or arbitration, the expert witness is one of the most important factors. On the plaintiff’s side, the expert must provide a strong opinion that malpractice occurred. On the defendant’s side, the expert is needed to provide a strong defense that malpractice did not occur. It is often the testimony of the expert witness that becomes the deciding factor in a suit as to which party prevails.

Finding the expert witness that will help you win your case is more complicated than simply looking up dentists or physicians online or in the yellow pages. The dental expert witness or the medical expert witness must come with appropriate referrals and possess an impressive curriculum vitae. Often, an expert witness will work exclusively for the plaintiff side or for the defendant side. Very few experts work both sides of the fence.

The cost of expert witnesses is significant. Experts are in demand, and they charge a high hourly fee. Whether you are defending a case or attempting to prove the alleged malpractice, the cost of the expert witness is not where you want to look for a bargain. Defense and Plaintiff attorneys are both quite savvy when it comes to choosing an expert. In the realm of malpractice, defendants and plaintiffs should defer to their attorney’s recommendations in this area. Most plaintiff attorneys will not agree to take on a case unless it has been reviewed by an expert who supports their client’s viewpoint.

There are many Web sites that provide information if you are looking for a dental expert witness. Some examples are the Round Table Group, Juris Pro Expert Witness Directory and Saponaro. If you are not an attorney, you can certainly contact these sites for expert resources and referrals. Whether you are a physician, dentist or patient, remember your attorney is probably the person to be the decision maker when it comes to choosing a dental or medical expert.

About the Author: Malpractice expert consultants providing expert witness evaluations and expert reports.

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