When it comes to trials, there are often medical experts that are called to provide a deposition. They are needed in a number of cases from personal injury and elder law to toxic torts and worker’s compensation. In some cases, this is an MD, but in other cases, it is a legal nurse consultant. Both of which are trained professionals that can provide the attorney with the clearance they need to win their case.

But, what’s the difference? They are both professionals with medical expertise, but what can a LNC do for the attorney that proves to be so much better? Here are a number of reasons why a legal nurse consultant may be hired by an attorney rather than an MD. A legal nurse consultant:

• Has the ability to identify the Standard of Care
• Has the ability to determine if there was a breach in the SOC
• Can thoroughly review the entire medical record
• Can screen the whole case for merit
• Can find additional expert witnesses
• Is able to conduct interviews with clients
• Can conduct research and summarize medical information into laymen’s terms
• Can thoroughly educate the attorney on the case’s relevant medical facts
• Has the ability to create a timeline of medical events and then associate them to the accusations
• Can provide an expert opinion when the attorney needs it
• Is ideally available 24 hours a day, 7 days a week

That’s what  LNC  can do, but what are the benefits for the attorney in hiring a legal nurse consultant instead of a physician  (MD)? Here are just a few benefits:

• Legal nurse consultants tend to be less expensive than physicians.
• Ultimately, a LNC can provide more information, details, etc. for the case.
• A physician will not always provide a timeline of medical events with causation, as they see as a time-consuming procedure.
• As nurses, legal nurse consultants have a number of skills and have more knowledge of the Standard of Care in relation to all healthcare aspects from medications, bedside care, lab work and reporting.
• A LNC can act as an intermediary between the physician and the attorney on the case.
• A legal nurse consultant has a number of contacts that they heavily rely on for specialties and insights including other nurses, doctors, etc.

As you can see, a legal nurse consultant should always be the primary point of contact when a case is being prepared and medical information is pertinent to the case. If your LNC doesn’t have you answer, he/she has contacts that will.

More frequently than we would like and is actually necessary, disputes end up in court before a judge, and sometimes, a jury. Whether it is a slip-and-fall accident, vehicle accident, malpractice or property damage, the legal system is often left to decide the outcome of a number of disputes in today’s day and age.

When a person is serious about winning a particular court case, they may need to hire an expert witness. An expert witness is an individual with expertise in a professional field of study that can ultimately provide solid ground for your case. In other words, an expert witness is often hired to solidify your own testimony before the jury and judge.

The main question, though, is when is an expert needed? If the case is medical-related, a medical expert witness may be hired. But, still, the question remains, when should one be hired? As a general rule, in case can benefit by having an expert witness; however, a medical expert witness are generally necessary only in a handful of cases.

Medical Malpractice Suits

In a medical malpractice case, your case can almost always be strengthened with the testimony of a medical expert witness. In this type of case, you are accusing a medical professional of negligence in their care that resulted in physical or emotional damage. It may be that you received an infection from the operation environment not being sterile or if you were stitched up in surgery with medical equipment or surgery gauze left inside. In these cases, a medical expert witness is very beneficial for your case.

A medical expert witness can honestly address the misconduct of your physician while explaining that these mishaps created your current situation. This expert witness has the ability to also provide the jury and judge with information as to the proper course of action and testify about the same procedure being performed previously, and with success, in other patients who were provided the proper care, environment, etc.

Work-Related Injuries On-Site

It isn’t uncommon for serious injuries to be sustained while on the work site, and it is these injuries that lead to lawsuits against employers. This is a very popular court case to have a medical expert witness on your side. A testimony from a medical expert witness, despite the relation of your injury or how it occurred, may lure the jurors to see how devastating the situation is and how the employer was in the wrong. A medical expert witness can provide medical insight to how your injury was sustained – something that a standard group of people may have no idea about. For example, if you sustained a back injury from standing on a terrible surface or receive nerve damage because of a required repetitive movement on the job, the medical expert witness can provide insight to this and explain it in laymen’s terms  so that everyone can understand. Without that witness, your case could go down the drain.

Direct Fault Injuries

If your neighbor’s damaged walkway caused you to trip, you were struck by a vehicle, had a box drop on you from a moving truck or slipped on the local grocery store’s wet floor and resulted in a serious injury, it may be beneficial to hire a medical expert witness who can help your case in court. Because of the high number of these cases occurring day in and day out, jurors and judges don’t tend to lean in favor of the victim, as trust is an issue. The plaintiff is simply viewed as an individual that is using a phony lawsuit to get some quick cash. If you have sustained a critical injury and medical expenses are too much to be paid out of your pocket, a medical expert witness can provide special insight into your case that could result in the trial ending in your favor.

The best medical expert witness is one that is an esteemed member of the local or national medical community and renowned as an expert in their particular field of study, as well as the specific type of injury in your case. The expert witness will bring records and statistics to the courtroom that have been previously published in reports to show that your injury and suffering is a direct result of the lack of action or actions of the defendant in the case.

Being called to testify could mean everything for your fiscal future and your career as a whole. Your credibility means everything at this point. But, testifying – or just the thought of it – can be frightening. Here are a few testifying tools that you can incorporate into your testimony so that not only do you feel more confident, but you appear more confident and credible.

1. Review the medical report. Review it again and again. The medical record is what your testimony is about, so it is critical that you are 110% familiar with the report. You don’t want to be in the middle of your testimony and have to say “I don’t recall.” Keep in mind, your future is on the line here.
2. Meet with your attorney. It is advisable to meet with your attorney before the day that you are expected to be in court – maybe even meet a couple of times. This meeting (or meetings) will be to help you get ready for your day in court. Go through mock questions as well as answers. The material is important and it is essential that you know every last detail of it.
3. Dress appropriately. You will need to wear your uniform or dress business casual. Jeans and flip-flops are not appropriate for a courtroom when you are giving your testimony. You need to look confident and professional.
4. Provide no humor. After your testimony, if you feel the need to tell a joke or to laugh, do so once the trial is over. During the trial and during your deposition, laughing is not suitable.
5. Don’t believe in conversations “off the record”. These conversations do not exist. Be careful when you are speaking to opposing counsel or anyone for that matter. Anything you say can be used against you in the courtroom and introduced as evidence.
6. If you have notes, you’ll have to testify about them. While this shouldn’t steer you away from making notes, it is just a simple fact that if you are an expert witness and have notes that you’ll have to produce them and testify.

When being called to testify and agreeing to giving a deposition, proceed with caution and consider all the aforementioned testifying tools that will help you get through the process safely and confidently while keeping your career, credibility and future intact.

Call to testify and provide a deposition at a trial, expert witnesses are professional individuals that are considered to be an expert in their particular professional field. Expert witnesses are brought in to testify when it is suggested they could provide insight to establishing innocence or guilt of the person on trial (the defendant). For example, a dentist would likely be called in to testify in regards to a victim’s dental records to speak of bite patterns on the victim. Another example would be a neurologist being called for a disposition when it is believed that a person may have committed a crime due to brain abnormalities. Expert witnesses range from dentists and neurologists to doctors and nurses.

When a lawyer is planning to hire an expert witness to come to the stand to testify, it is critical that he/she asks some critical questions. These questions, include, but are not limited to:

1. The expert witness will need to clarify their expert field profession and show relevant credentials unless the lawyer is familiar with the witness already from previous arrangements.
2. The expert witness will also need to clarify the length of time they have been practicing their profession. In some cases, a lawyer will prefer to use an expert witness that has years of experience in their professional field while other cases will permit the use of a fresh-out-of-college expert witness.
3. The expert witness will also need to clarify whether or not there is any personal attachment in the particular case. There should be no relationship whatsoever with the defendant. If there is any relationship between the defendant and the potential expert witness, the lawyer will need to find a different expert witness for the case. The expert witness chosen needs to be in a completely impartial situation in order to provide a neutral opinion of the case. An expert opinion is expected, not a biased one.
4. The expert witness needs to be asked whether or not they have recently obtained any type of case information prior to the interview with the attorney. Bias can be created if information was provided in advance. This is exactly the reason that jurors are asked upfront if they know anything about the case on trial. Pre-information creates an opinion – an outlook that could ultimately hurt the case.
5. The expert witness should also be asked if they have previously participated in similar cases. Experience is always beneficial, as getting on the stand to provide a deposition in a trial case can be very intimidating and frightening. It is ideal for an expert witness to be comfortable when on the witness stand offering their expert opinion. It is also critical for the expert witness to be well aware of how details should be provided when asked.
6. The potential expert witness needs to be asked if there is a problem providing a testimony under oath. There are a number of individuals that have a problem with this due to religious beliefs. Ultimately, most have no problem providing their deposition on the witness stand under oath.
7. The expert witness may find it helpful to ask certain questions that are in direct relation to their professional expertise and specialization within their professional field. This is generally to make certain that the expert witness does indeed know their field of study and can provide an expert opinion for the case. Ultimately, this ensures that the individual is pretending to be an expert.

Finding an expert witness is no easy task, but it is a very important one. An expert witness’s testimony could make or break the case, so it is critical that all of the aforementioned questions are presented and asked before hiring an individual to act as an expert witness in the case. It is absolutely critical that the person understand their field of study and know exactly what they’re discussing. The expert witness must be professional, knowledgeable and want to provide unbiased insight to the case that will ultimately help determine the innocence or guilt of the person on trial.