Intangibles Every Medical Expert Brings to a Legal Caseby Kevin Smith Author
When preparing a medical malpractice case, medical-legal consulting services inevitably enter the process. Their advice and testimony help your attorney provide the best case possible for you. While most of the services they provide are tangible, some are intangible. Here are several intangibles that a credible medical consultant can lend to your case.
The simplest way to define the difference between tangible and intangible is that tangible benefits are those that can be seen while intangible are those that cannot be seen. In the legal context pertaining to medical experts, tangible means something that can be quantified based on a physical example. Intangibles are the things that are not able to be seen or even recognized, but still provide benefit to your case.
For example, expert testimony into the realities of your case is tangible. Intangibles are the things that an expert provides that go beyond the testimony and impact a jury.
A confident, friendly medical expert can lend an air of competency to their testimony and thus your case. An expert who is not confident in what they are saying or comes across as hesitant can also impact a jury against your case. You want an expert that can speak authoritatively, but not be so cocky as to turn off a jury or judge.
For the most part, credibility is based on prior behavior and reputation. There is an element of credibility, however, that goes beyond both. That is the degree to which an expert is believable. This also goes beyond anything they are saying. If an expert comes across as shifty or worse, willing to say anything, it can cause irreparable harm to your case. You want your expert to present an aura of credibility, even under cross-examination.
It is vital that your expert be able to keep their cool, even when being cross-examined. An expert that is easily flustered or loses their cool when challenged, can harm your case in terms of them appearing to not know what they are talking about. Your expert needs to be able to handle an aggressive and sometimes outrageous cross-examination and remain collected while repeating their testimony until further cross-examination is futile.
Some witnesses a jury instinctively likes or dislikes. You want your expert witness to be approachable and likable. Their ability to connect with a judge or jury can be the element your case hinges upon.
These intangibles have nothing to do with what medical-legal consulting services provide in terms of physical evidence or explanation for your case. They are, however, as important as any testimony. Make sure your experts meet the threshold listed above to give your case the best chance possible.
Created on May 23rd 2019 06:20. Viewed 153 times.