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The Expert Witness in Medical Liability Cases
Published online by Cambridge University Press: 01 January 2021
Extract
This article presents an overview of the role of the medical expert witness in litigation involving issues of medical liability or malpractice in order to introduce the potential physician expert witness to some of the major problems and situations that may arise.
The expert medical witness is needed among other reasons, to define the standard of medical care required in the Physician/patient relationship which is frequently the crucial element in a professional liability case. The plaintiff. in order to prevail in his law suit, must show, among other components, (1) what the required standard of care was in his case, (2) that the defendant failed to meet that standard, and (3)th at this failure was the cause of the injury alleged.
The standard of care required of a physician is commonly defined as adherance to “the skill and learning commonly possessed by a member of the profession in good standing.”
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- Copyright © American Society of Law, Medicine and Ethics 1978