For anyone in a medical crisis, what matters is time with the doctor. Our Physician Case Managers offer patients unlimited access to their doctor to understand. Florida law requires medical malpractice plaintiffs to support their complaint with a “verified written medical expert opinion.” Plaintiffs must serve this opinion. Original Article from The New England Journal of Medicine — The Opinion Evidence of Medical Experts.
Experts’ Opinion Medical
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The initial involvement of an expert may be through professional duties, as in the case of the forensic pathologist who performs an autopsy and then finds that evidence from the autopsy report is being used by the prosecuting authorities in a criminal trial. Other experts may be called on by the police or by the Crown Prosecution Service. In the adversarial systems of law in the United Kingdom the defence is also entitled to seek appropriate experts.
Expert witnesses are in a very privileged position as they may give opinion as evidence, unlike other witnesses who can only give evidence of fact. Whichever side experts are called by, their duty is clear—to give impartial and objective evidence for the court and not for the side that has called them. The defence may ask for an expert opinion and then choose not to use such evidence. If an expert opinion is to be used it must be disclosed to the prosecution.
The prosecution, however, is under an obligation to disclose all its evidence to the defence. We live in an era of evidence based medicine, and experts should base their opinion on solid evidence and not on intuition.
Alan Moritz discussed the problem of substituting intuition for scientifically defensible interpretation in His prestige, together with exclusive access to original evidence, places him in an exceedingly powerful position in the courtroom.
Moritz concluded the passage by saying that the stakes are too high to play hunches in forensic pathology. Experts should be appropriately qualified and remain in their field.
Concerns have been raised where an expert only ever appears for the prosecution or the defence and about experts who seem to be pursuing a sociopolitical agenda not based on objective evidence. Lord Justice Kay described the statistic as grossly misleading, although the first appeal court, aware of questions over the statistic, did not overturn the conviction.
The main issue in the Sally Clark case was non-disclosure. The expert witness must include all relevant material, whether it supports or is detrimental to the opinion.
The basic rule is that the prosecution must disclose its material to the defence. The microbiology results should have been in the pathologist's report, or their existence declared, whether they were felt to be important or not, so the defence could consider them. The use of expert evidence in the legal system has been discussed in several reviews.
Most recently Lord Justice Auld examined the role of experts. The possibility of using experts appointed by the court was looked at but not recommended. Lord Justice Auld also rejected the argument that where a defence lawyer goes on a shopping expedition for a suitable expert all opinions should be disclosed to the court. This was on the basis that our current criminal trials are adversarial and the burden of proof lies with the prosecution.
The question of auditing expert medical evidence is an important one and has not yet been addressed. The courts are not the appropriate place for this.
Medical experts and the criminal courts
Medical Opinions Associates has been providing attorneys across the nation with outstanding medical expert services, including careful and objective medical. Depending on the jurisdiction, the opinions of a medical expert may be based on their personal experience working in the medical field as well. The legal definition of Medical Expert is A witness tendered to offer opinion evidence within the confines of his or her area of medical expertise.