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  1. #1
    Join Date
    Oct 2004
    Location
    Texas
    Posts
    2

    Default Expert for Causation and Liability

    I was surfing on the Internet when I ran across this site. I am very interested in the information about expert witnesses.

    One thing that stands out is the questions to ask your lawyer. How do you hire an expert witness? My attorney informed me at this time no expert witness has been found for "causation" or "liability" for my case. And because he didn't get the autopsy report until very late in our case late, he's having a difficult time finding an expert.

    What does he mean?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Finding An Expert Witness

    I don't know the specifics of your case. It may be that your lawyer is having a hard time finding an expert who agrees with his theory of the case due to the content of the autopsy report.

    "Causation" is an important part of any negligence action. To prove negligence (including professional malpractice), you must establish that the defendant's negligent acts contributed to the plaintiff's injuries. In a medical malpractice case, absent unusual circumstances, this requires expert testimony - an expert relates the medical actions and decisions of the defendant to the injuries suffered by the plaintiff.

    "Liability" is a broader term, and could relate to any of the elements of a negligence action. To prove negligence, you must ordinarily establish: 1. Duty 2. Breach of duty 3. Proximate cause (causation) 4. Damages.

    It may be that your lawyer is having a hard time finding an expert who will testify that the injury was caused by a medical decision that was improper under the circumstances which led to the harm. That is to say, even when doctors do everything right, sometimes the outcome is still bad. If the doctor makes appropriate decisions, even if there is a bad outcome, your lawyer may be indicating that he is not able to find an expert who will testify that the doctor's acts constitute malpractice so as to make the doctor liable.

    I suggest you speak with your lawyer to try to clarify what he meant.

  3. #3
    Join Date
    Oct 2004
    Location
    Texas
    Posts
    2

    Default He missed the deadline

    What happens if the deadline has passed, and no medical expert witness was found , but the attorney is still going forward with the litigation, or at least trying to get a settlement?

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Missing A Deadline For Declaring An Expert Witness

    The consequences will depend upon the laws of the jurisdiction in which the litigation is occurring. In a worst-case scenario, if the expert testimony is necessary to prove the case and the attorney does not identify an expert on time, the judge might dismiss the lawsuit.

    To learn the possible consequences under your state's law, you should pose that question to your attorney, or to another lawyer who practices medical malpractice in your state.

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