What is Demonstrative Evidence?

Examples of demonstrative evidence include photos, x-rays, case specific medical exhibits, diagnostic films, anatomy and surgery exhibits. This type of evidence can maximize the value of a case by effectively depicting catastrophic/traumatic injuries, complex surgical procedures, mistakes or summarizing injuries suffered by an individual. Also useful for settlement conferences, arbitration, mediation, medical expert depositions and trial presentations.

 

What are Medical Standards of Care?

Medical standards of care and clinical practice guidelines are established by a consensus of health care professionals as diagnostic and medical actions or behaviors that are considered the most favorable in affecting the patient’s health outcome. In legal terms, the level at which an ordinary, prudent professional having the same training and experience in good standing in a same or similar community would practice under the same or similar circumstances. The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached, with expert testimony.

 

How are Medical Expert Witnesses used?

Medical experts are relied on for opinions on severity of injury, cause or failure of proper healthcare, loss of earnings, care costs, etc. Almost all medical malpractice cases require testimony from a medical expert. The facts are usually too complex for non-doctors to determine if the patient's doctor should be held liable for the patient's injury. In fact, in many states you must get a medical expert's opinion before you can initiate a lawsuit.

 


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