Expert Witnesses and Court Procedures

Before a witness is acknowledged to the court to testify, he must show his authority with expertise in a specific field. His acquired proficiency must be established through his long years of experience or actual practice. The expert witness must have undergone trainings and education in boosting well his knowledge.

Expert witness and his legal duties

The court requires the expert witness to support specific standards when testifying in front of the jury. Such standards are summarized into legal duties and responsibilities stated below:

Every time the expert witness is expected to be truthful and honest. The court relies much from the opinion of the expert. His testimony will determine if an evidence can be accepted in the court or not, or if the plaintiff will be entitled to any compensation or not.

This expert needs to be objective all the time. Fairness should be practiced by the expert. He is not allowed to favour any of the two parties—either the plaintiff or the defendant. All questions must be answered by the expert avoiding problems on subjectivity and bias.

Procedures in Court Proceedings

The court seriously takes the legal duties of any expert witness. Sadly, a lot of testimonies are branded inacceptable due to the court’s doubts with the expert witness. The objectivity and truthfulness of the witness are big question marks in the sight of the judges.

Therefore, if you will give your testimony soon, here are some effective guidelines for useful testimony:

l. Keep your voice and your tone non-argumentative. Bear in mind that you’re called to assist the court in understanding the concept on technical matters. Just leave the arguments to the attorneys. Your role is to fully explain the tough concept using simple words only.

2. Give your expert reasoning and opinion for every document. Your own opinion must be completely supported by tests, experiments, and facts you have done. All necessary information must be presented in the report. Don’t forget the attachment of pertinent documents that will back up your expert opinion.

3. Concentrate on your specialized field. There are questions that may not be related to your field of expertise. Occasionally, the interrogations are very tricky. You may compromise your proficiency or your reputation. It is therefore not proper to give answer, if the court asks some questions not part of your expertise.

Most importantly, you should apply the virtue of uprightness. If they throw questions to you, just stick to the area of your proficiency. You’re obliged, after all, to guide the court in producing the most appropriate solution to disputes.

What to Look for When Choosing a Cellular Expert Witness?

post by Rehana A.

A cellular expert witness can play a vital role in any legal issue with the help of his education, vast knowledge, huge experience, and expertise. S/he can enlighten the judges and the court officials about specifics of cellular technology and thus direct the trial to a proper direction.

Many factors are there that have made the preservation of a cellular expert witness a daunting experience. The field of cellular technology is a vast one. Here, the topic is deep and the specifics are really complex. Choosing a right cellular expert witness can help solving a critical legal issue easily. An attempt is made here to enlighten you with some facts that will help you when selecting a cellular expert witness for your legal purposes.

• Cellular technology is a complex field. A person needs to be highly qualified and educated to be a good cellular expert witness. For this reason, the first and foremost criterion of choosing a cellular expert is to check his/ her education background. Cellular expert witnesses should have one advanced degree in their area of expertise. This field is a specialized scientific and engineering discipline. So, a Master’s degree or a Ph.D. degree in the relevant subject is highly preferable.
• A cellular expert witness must be very experienced too as s/he has to deal with sensitive and complex legal issues. So, it is comprehensible that only experienced persons can handle the pressure of such a critical and perceptive subject. The best choice would be picking an expert who is a fellow of the Institute of Electrical and Electronics Engineers (IEEE). It is the world’s largest technical association. Its members have highest level of experience and professional maturity. So, you can completely rely on an expert witness who is a fellow of this institution.
• Apart from experience, it is important to ensure that expert witness does have the real-world experience needed for executing the job properly. Sometimes, university professors are chosen as expert witnesses. This is not wrong since they are highly qualified, but the problem is that they lack practical experience. Field experience is always important to establish credibility with the judges and the jurors. An expert who has experience of assembling and disassembling mobile devices is always a better witness than a professor who has just academic knowledge on cellular devices.
• Cellular expert witness should be selected according to the range of frequency of cellular technology. Frequency is a key feature in cellular technologies. Frequencies vary according to the type of the services. The frequencies of cell phones, industrial wireless systems, scientific works, etc. are not the same and each of the frequencies need specific cellular expert.

By following these steps, it is possible to find a good cellular expert witness for your upcoming court case.

What to Look for When Choosing a Cellular Expert Witness?

Nursing Expert Witness

post by: Lucas M.

A Legal Nurse Consultant makes use of their experience of working with patients and their studies and education to consult on medical-related cases in court. They would undergo initially a generalist level of practice and then the advance practice, along with the education and licensure to later work in the field and gather experience.

The main role is to provide assistance to the attorneys in understanding medical terms, treatments, drugs, the processes that took place in a patient’s recovery and treatment, etc. In a similar manner they would provide insight regarding court charges and proceedings to a physician, since the nursing expert tends to manage terms and information both from medicine and form law.

Additionally, they may provide a testimony on the stand to clarify these same elements, only this time, to everyone in court, such as the jury and judge. It is also common that they act as a specialized member of the litigation team, often reaching agreements prior to initiating the trial.

A large portion of civil and criminal cases revolve around medical issues, including malpractice, personal injury due to accident, work related accidents and compensation disputes. Therefore, a Nursing Expert Witness can be hired by either side, the prosecution or the defense. This type of expert would bring an essential and insightful point of view to the legal investigations involved. The nursing expert would interview doctors and nurses and look through patient files, in order to acquire the most information possible to educate people in the best possible way. With the information gathered here, the lawyer can assemble a detailed case.

Nursing Expert Witness

General Surgery Expert Witness

post by: Lucas M.

Surgery is a broad category of invasive procedures performed on a patient’s body. There are the general surgeons, who work on abdominal organs and the abdominal cavity. Additionally, we can find different specializations, such as cardio surgeon, dental surgeon, neurological surgeon, etc.

Being that a general surgeon specializes in abdominal surgeries, a General Surgery Expert Witness specializes on providing testimony (based on evidence and research performed on the patient) to the court regarding the trial in process. Often the trials are based on medical malpractice. In these cases, the expert will either testify for the prosecution or the defense, depending on which party hired the expert.

Every study performed on the patient, such as x-rays among others is a valuable piece of evidence. The Expert will also evaluate the current condition of the patient and compare to the past, previous to the incident that led to the trial.

Regarding the studies, education and experience required for an individual to become a General Surgery Expert Witness, these vary depending of the region. Normally it is a one to three year residency and this is done after the completion of medical school, which in average lasts four years. After all the necessary study the individual must gather field experience in order to be an eligible candidate to become a witness in court. This practice is obtained through years of working at hospitals or clinics. The selection process is carried on by a judge, who will also consider the general opinion of the candidate’s peers.

General Surgery Expert Witness

Neurology Expert Witness

post by: Lucas M.

Neurology is the branch of medicine that specializes in the human nervous system, which includes the brain, spinal cord, and nerves. A neurologist is a medic who underwent the first four years of medical school and three of residency, and similar yet different, we find neurosurgeons (who perform surgery on the neurological system of the human body) and psychiatrists (who not only provide psychotherapy, but may make use of medications to treat the patient). These all are experts in different areas within neurology.

In order for an individual to become a Neurology Expert Witness he/she must undergo the seven years of medical school (general and residency) and acquire field experience over time. Depending on the case trialed, the court will require a neurologist, neurosurgeon or psychiatrist. Lawyers hire these experts generally in cases where for a given reason, a person’s neurological condition has deteriorated unexpectedly (such as in an accident). A Neurology Expert may be required to testify also in cases of dementia, strokes, spinal injuries and brain tumors, among other conditions. This could be complications in the motor skills, speech or worsening of the senses. Additionally, one can consider as a neurological drawback the trauma caused by extreme experiences, such as the flashbacks that some war veterans experience. In a similar manner to other cases where there is a medical expert witness, from the neurological point of view, a lawyer could hire this expert in cases of malpractice or accidents, and both parties could require the services of these experts, either for the prosecution or the defense.

Neurology Expert Witness

Orthopedic Expert Witness

Orthopedic Expert Witness

An Orthopedic is an expert in the area of health related to conditions of the muscle and skeleton systems. This type of expert may use surgical and non-surgical means to treat a given condition on a patient’s body, such as trauma, injuries and degenerative diseases, among others.

An Orthopedic surgeon is a medic who specializes in this branch, therefore, has completed the four years of medical school and underwent the residency training in orthopedic surgery.

This is a minimum of a seven-year period of training and education. Additionally, the medic will work in the subject, gaining field experience. These factors combined with the peer recommendation will be useful when becoming a witness at a trial, pending judge’s approval.

An Orthopedic Expert Witness can testify on the stand in a case involving a medical case. Most often they will be involved in trials testifying in cases of medical malpractice, but not limited to these cases. Claimants often use said witnesses to prove that a doctor’s behavior was out of the ordinary and away from the recognized standards and regulations in a faulty manner… while the opposing party may use another Orthopedic Expert Witness to state the opposite point, that the doctor’s standards of care were reasonable. The decision will be up to the jury, thus, the importance of a compelling, clear and thorough testimony on behalf of the witness. It is a common practice that both parties at a trial cross-examine the witness thoroughly to obtain a very clarified and detailed testimony.

Orthopedic Expert Witness

Accounting Expert Witness

post by: Lucas M.

When we think of an expert in Accounting we first think of an Accountant. A professional in this subject is dedicated to accounting, which is the measurement and provision of assurance regarding financial information, generally to assist investors and tax authorities, among other… but when this expert becomes a witnesses, provides his/her services, experience and knowledge to the court and the trial in process, to educate the people and achieve a resolution.

Otherwise known as Forensic Accounting Expert Witness, this is a person that qualifies to testify in court and offer opinions based on his/her professional experience. At times, the services of an Accounting Expert are required at court to help in situations such as analyzing certain types of financial information that exceeds the understanding of the average person un the court room. In addition to simplifying information, this witness will educate the jury to facilitate the decision making process. The expert may help the hiring lawyer to investigate an individual’s financial information, bank account, movements and other material pertinent to the case. The high understanding of the subject on behalf of the expert makes it possible to discover acts of fraud or embezzlement, and all this with the purpose of convicting the prosecuted individual. In general, the information gathered by the expert is rather complicated for the understanding of the general person; therefore, it is of high importance not only to be capable of delivering the information, but also to explain it in a manner that is easy to understand.

Accounting Expert Witness

Economics Expert Witness

post by: Lucas M.

An Economic Expert is a professional in economics, and most often the individual advances in studies in one or some of the sub-branches of the general field, such as, but not limited to macroeconomics, microeconomics, computational models, and mathematical finance.

Moving into the legal field, an Economic Expert Witness is a professional who helps an attorney to build a case from a financial point of view. As is the case for other expert witnesses in trials, the opinions of Economic Experts are highly respected and influential in the case.

Economics and financial dynamics tend to be rather complicated subjects and it is wise to have an expert in the matter to educate the judge and jury in order to reach a more objective outcome in a simpler, swifter manner. On occasions, experts in the area can be reached individually to provide assistance in a case, while it is frequently seen that consulting firms dedicate to provide the experts to the court. Let’s keep in mind that in addition to the studies and experience of the individual, in order to obtain the judge’s approval, the candidate’s opinion must be valued and respected among his/her peers.

The testimonies provided from Economics Experts can often be quite influential, even to, at times, settle the cases out of court… on occasions the testimony of these experts is provided in a deposition. The opposing legal advisor has an opportunity to review the facts, but if these are compelling enough, then an out-of-court settlement might be reached.

Economics Expert Witness

Health Care Expert Witness

Health Care Expert Witness

Health care is the diagnosis, treatment and prevention of illnesses, as well as the treatment of injuries that physically affect the patient. In addition to this, we must also consider the diagnosis and treatment of mental impairments, which are taken care of by a psychiatrist and/or psychologist.

These actions of treatment and diagnosis are carried on by professionals in the different areas, or fields. One must consider for instance general medicine, chiropractic, dentist, pharmacy and nursing. These are all different branches of a broader, more general group, which is health care in general.

An expert in health care is an individual who has studied and prepared him/herself over time in a specific branch. For instance, someone who is an excellent dentist has experience in dental related issues, not in trauma (although might have a general knowledge), and even in a more thorough manner, a surgeon whose specialty is cardio, does not share the same knowledge and experience as another surgeon, but in this case whose specialty might be neurology. Due to these matters, experts in different areas must be considered for specific cases.

Any expert that qualifies to be a witness in court (studies, experience, peer recommendation and any other factor of relevance to the judge) may be of service as a witness and provide an impartial demonstration based on evidence gathered and studies performed in order to determine the outcome of a trial process. This can be presented as a verbal and/or written testimony presented at court to the jury.

Health Care Expert Witness

Environmental Expert Witness

post by: Lucas M.

An Environmental Expert Witness may be an environmental consultant that could work on a regular basis for a company assisting other companies or government institutions in their everyday concerns regarding the environment, and from time to time provide witness insight in trial.

In order to be admitted as an Expert Witness at a trial, the person must not only be approved by the judge and have a good reputation among peers, but also have specific studies. Usually an environmental consultant will have a bachelor’s degree in environmental science or similar, and rather often will also have a master’s degree, commonly in environmental engineering.

En Environmental Expert will (through studies, tests, measurements, etc.) monitor the environmental impact of industries (not only the physical location of a company, but also the effect of the transportation activities for example) and urban areas in the neighboring landscape. An Environmental Expert Witness will use the results from the studies to present them at court in the form of a written report and verbal account, in order to educate the jury and the people in the room. The witness’ services can be of use in civil litigations and criminal prosecutions as well.

The Environmental Expert Witness will even provide insight in regards to oil contamination, industrial hygiene, wastewater treatment and many other branches of environmental studies. Depending of the area of expertise followed, since some are more technical than others, these may require advance training, and in addition to theoretical knowledge, field experience is extremely helpful and will be considered by the judge when allowing a witness.