WHAT IS A MEDICAL EXPERT
A Medical Expert is an expert in injuries, damages, and illnesses, who thanks to his training and experience in the legal field is able to analyze, through an expert report, the medical care received, as well as the state of health of a person. Making valuation reports for damages, disabilities, etc. as well as for malpractice or medical negligence.
The job of the Medical orthopedic expert witness in your case is to investigate within the terms of the litigation, from two perspectives:
The legal perspective. The Medical Expert analyzes compliance with Laws and regulations. That is the legal or juridical scope of the case.
The Medical perspective, to analyze the facts, the study of the individual's behaviors, and their possible relationship with the harmful event.
Therefore, the Expert report is a communication instrument between Medicine and Law, where the answers to possible technical questions that may arise when understanding the case are materialized.
The Medical Expert can act in all areas of law: civil, criminal, labor, family, administrative, military, or canon.
Medical Expert in the civil field. In cases related to the civil sphere, Medical Expertise usually deals with: - Declaration of civil incapacity - Internment - Limiting testamentary powers - Financial claims
Medical Expert in the criminal field. In cases related to the criminal sphere, the most frequent use is to determine: - Importability of a crime - Medical malpractice - Criminal liability - Internment - Submission to treatment - Complaints - Assessment of bodily harm - Assessment of psychic damage
Medical Expert in the workplace. In cases related to the social work environment, the cases are usually related to: - Pensions - Temporary or permanent work disability - Risks - Work accidents - Right to compensation
Medical Expert in the family environment. In cases related to the family environment, there are usually cases such as: - Requirements for getting married - Divorce - Adoption
Medical Expert in the administrative field. In cases related to the criminal sphere, the most frequent use is to analyze disabilities, dismissals, etc.
Medical Expert in the military field. In cases related to the criminal sphere, the most frequent use is to study cases of exclusion from military service, military responsibility, compensation, etc.
Medical Expert in the canonical field. In cases related to the criminal sphere, the most frequent use is to determine the nullity of the marriage.
Characteristics of the Medical Expert and the Expert
For both the testimony of the Judicial Expert himself, as well as the Medical Expertise, to be valid (according to the Law), and useful for the Judge in his search for the truth, they must meet the following 8 requirements:
OBJECTIVITY. Although opinions are subjective, they must be based on objective evidence or arguments.
It must be a detailed but orderly report, covering at least the following points: - Introduction - Objectives of the Medical Expertise - Background - Analysis and tests carried out - Conclusions
BRIEF. For the greater understanding of the non-specialized public, the few words possible should be used and illustrated in the best way.
PRECISION. It should leave no room for doubt. You must state truths, not possibilities so that the court understands your arguments.
CLARITY. Based on a logical structure, clear and understandable language by a non-technical audience on the subject.
SIMPLICITY. It must contain simple and intelligible expressions, with common but precise language.
IMPERSONAL STYLE. The Medical Expertise must be coherent, written in the third person (if possible), and speaking of verifiable and objective facts.
CONTINGENCY. The Medical Expertise must be conclusive, due to the arguments put forward and the objectivity used, so that the conclusions are convincing for the jury or judge.
Medical Experts participate in different courts, especially in civil and criminal cases, complying with the characteristics of impartiality and objectivity on the facts that must be analyzed. Call us for free and we will study your case so that you can put at your disposal the best Medical Expert.
FUNCTIONS OF THE MEDICAL EXPERT
The Medical Expert can help in the different preliminary or judicial phases: Expertise, Mediation, and Arbitration.
The main function of a Medical Expert is to carry out Medical Expertise. The expert has a great responsibility when analyzing any case and specifically those in which there is alleged medical malpractice. The expert must apply his technical capacity and knowledge to analyze the information, understand it, and reason it to issue impartial and conclusive Medical Expertise.
In summary, the tasks in which a Medical Expert can intervene are:
- ADVISE THE LAWYER AND THE CLIENT. Our Medical Experts can help attorneys evaluate a case as well as instruct you on the technical aspects of litigation.
- PARTICIPATE IN MEDIATIONS OR ARBITRATIONS. A Medical Expert can help resolve a dispute prior to court. Our experts can advise by giving their technical testimony, or even lead the negotiations between the parties.
- CARRY OUT MEDICAL EXPERTISE. It consists of expressing their conclusions on the case in a report, with judicial validity.
- ANALYZE AND CRITICIZE CONTRARY EXPERTS. It consists of studying the reports submitted by the opposing party, facing the negotiation and / or trial process.
- ANALYSIS OF EVIDENCE. Medical Experts can analyze the evidence of the case and relate it to the report itself, as well as study the coherence of the whole.
- DEFENSE OF THE MEDICAL EXPERTISE IN A TRIAL. The Medical Expert of Judicial Expert GROUP will defend, if so required, your expert report before the judge, illustrating and answering any questions that may be had about it .