I was wondering if anyone might know whether or not the expert witness surgeon that looked at my medical records would bother to set up a consultation with my attorney if he didn't think there was a case? Would he not just tell him over the phone, "No negligence." ? Thanks alot
2007-04-10 14:02:51 · 4 answers · asked by WEEZ 2 in Politics & Government ➔ Law & Ethics
Expert's often get paid for their opinion, the surgeon could be charging a consulting fee.
Also some experts can bias there testimony in the direction that the lawyer wants them to go. Medical evidence is not always black and white. The lawyer will tell you if he has a case before he precedes. You can also call him to see what his opinion in the case is.
2007-04-10 14:09:02 · answer #1 · answered by Dan S 7 · 0⤊ 0⤋
There is always the possibility of a case. Doctors/surgeons/attorneys don't decide whether malpractice/negligence or something else has been committed. This decision is made by a judge who listens to the testimony of witnesses and other experts and makes a decision according to the law of the land.
So you understand the difference, a witness is someone who actually physically saw/heard/felt the event take place. They are said to have witnessed it.
An expert is an unbiased person who has been trained in a certain field and is giving the court their expert opinion.
The surgeon who is being paid to look at your records and testify probably has been practicing medicine for several years and can testify to the how and why something in medicine might occur because he/she is an expert when it comes to a certain type of medicine.
Ask your attorney to explain the differences in more detail the next time you see him/her.
2007-04-10 14:24:26 · answer #2 · answered by Bill 3 · 0⤊ 0⤋
Hey Dude,
You got to wake up and jus look at the reality of the situation, law is all about what you can prove in a court of law. So,the first obvious thing is that the doctor or hospital involved is trying to find out how much your attorney knows about the situation i.e. what he/she can prove so make sure he/she has done thier research about the situation at hand, and what laws have been broken in this situation.
2007-04-10 14:24:41 · answer #3 · answered by DARMON G 1 · 0⤊ 0⤋
Of course he will meet and discuss it, since he is getting paid for this meeting
2007-04-10 14:07:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋