Medical Experts

Medical Experts

Medical experts are often necessary to help prove a plaintiff's claims in a Mesothelioma case and thus establish his or her right to compensation. Possible experts include the physician who diagnosed the plaintiff's Mesothelioma, those who have treated the disease, and others who can establish the link between asbestos exposure and Mesothelioma. Although the plaintiff's treating physician may have a wonderful bedside manner, he or she may not make the best expert witness. Experienced asbestos-litigation attorneys can secure the services of the best-qualified medical experts who are comfortable with the trial process and can serve as part of the plaintiff's legal team.
The Role of Medical Experts in a Mesothelioma Case

The role that experts play in any lawsuit varies from case to case. Sometimes an expert will serve solely as a consultant to the plaintiff's lawyer and will remain in the background. Other experts may be used only in the pre-trial stages, and yet others may serve as expert witnesses at trial.

Some of the principal functions that medical experts serve in Mesothelioma cases include:

* Evaluate the case. Medical experts are often used by lawyers to evaluate a Mesothelioma case and help determine whether a claim has merit. In other cases, experts are used to evaluate the nature and extent of the damages sustained, such as the loss of earning capacity and income a claimant has experienced, for use in settlement negotiations.

* Identify other expert witnesses. Medical experts are sometimes used to locate and recruit other experts who will testify at trial. If, for instance, the expert who is in the best position to educate the plaintiff's attorney is not a suitable trial witness due to unavailability, lack of impressive credentials, or some other factor, he or she may be in the best position to help find another expert who would make a more credible or impressive witness.

* Provide sworn statements. A medical expert may be called upon to prepare a report of his or her findings to be used in settlement negotiations or in connection with pre-trial court proceedings.

* Provide expert-witness testimony in a deposition or at trial. Medical expert testimony is often presented to provide proof of a critical element in the plaintiff's case, either in a pre-trial deposition as part of the discovery process, or at the trial itself if the case does not settle out of court.

Qualifications of a Medical Expert

There is no specific list of requirements for experts in Mesothelioma cases, but certain considerations are generally applied when selecting a medical expert.

* Presentation. If a medical expert is expected to testify at trial, he or she should be well spoken, easy to understand, and credible to the average person as well as the judge.

* Education and experience. Medical experts from more prestigious medical schools and residency programs may be more persuasive to jurors and less vulnerable to criticism by opposing counsel.

* Specialized expertise. A medical expert in a Mesothelioma case should have specialized knowledge with regard to this disease in order to have the credibility required to win over the judge, arbitrator, or jurors.

* Relevant experience. A Mesothelioma expert should have several years of actual practical experience working with Mesothelioma patients or in Mesothelioma research.

* Publications and teaching. A medical expert's credentials with regard to Mesothelioma are strengthened if he or she has written, taught, or lectured on the subject.

* Appearance of neutrality or objectivity. An expert who testifies for both plaintiffs and defendants in lawsuits can be viewed as a "paid spokesperson" and thus lack credibility.

How Medical Experts' Fees Are Paid

It is important to note that medical experts are not paid for the testimony per se, since so doing would certainly compromise the objectivity and thus the credibility of their testimony. Rather, they are compensated for their time based on hourly rates. Some medical experts charge a minimum fee. Expenses for travel and lodging, if incurred, are also reimbursed. Generally, plaintiffs do not have to come up with these fees until the case settles or the jury renders a verdict (costs are deducted from any recovery).

Although the best experts may charge the highest rates, it is important to keep the charges in line with what is standard. If defense counsel inquires into the payment made to a particular medical expert in the presence of the jury, an exorbitant payment could raise a few eyebrows and compromise the believability of the testimony-in fact, the plaintiff's case itself could be compromised if the jury believes that he or she had to "bribe" someone to testify on their behalf.
Conclusion

An experienced asbestos-litigation attorney is in the best position to evaluate and work with medical experts who will be strong advocates for the plaintiff in a Mesothelioma case. Contact one today.

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