Friday, November 1, 2019

Medical malpractice. Requirements Texas Courts Impose for an Expert in Research Paper

Medical malpractice. Requirements Texas Courts Impose for an Expert in Medical Malpractice - Research Paper Example This discussion investigates the commitment of the Texas courts to improve the reliability of medical malpractice experts as sources of vital expert information in medical malpractice cases, with a view to understanding the required qualifications for such experts. Justification Cases involving medical malpractices are some of the most complex ones since the admissibility and the fact finding activities regarding a case are not based on a current occurrence but on a past occurrence that could have caused injury to the patient. This requires that a patient present an expert testimony, which must satisfy the court that the testimony will assist the court in its fact finding mission regarding the case, and that such opinion must be supported by the witness testimony if the case is to be held as valid (Jasper, 2010). This calls upon the experts in the medical malpractice cases to be fully qualified so that they can help the court establish the truth of the matter regarding the case since they are the most reliable source of expertise information in such cases. To enhance the capacity of the medical malpractice experts to help the court establish the truth regarding the failure of a physician to adhere to the required standards of care for patients, the State of Texas has provided certain qualifications, which the experts must meet. Definition of Terms Medical malpractice means professional negligence by a physician by way of action or omission that causes injury or death to a patient. Expert means someone widely recognized as a reliable source of technique or skill Review of Literature For an individual to qualify as an expert in a medical malpractice case, the individual must be knowledgeable and conversant with the procedures, methods and treatments applicable in the area where the physician, who is the defendant in the case, operates (Baker, 2010). This qualification is essential since it allows the expert opinion granted by the individual to be based on the acc eptable standards, procedures and treatment methods, as there are different medical practices for different regions. If an expert who is not conversant with the medical standards and procedures of the area is enlisted to provide an expert opinion, he/she will most likely base the assessment of the procedures and treatment methods on the standards of the area he/she is conversant with, thus giving an expert opinion that might mislead the court since the same standards could not be applicable in the region in question (Jasper, 2010). Thus, the courts in Texas allow medical malpractices experts to issue a statement of opinion if they are familiar with the acceptable standards of operation in the region. A clear understanding of the acceptable operation standards in a region allows the expert to be guided in giving a fair and adequate opinion regarding the level of act or omission of the physician defendant, which translates to liability (Roach, 2006). The other qualification for an exp ert in the medical malpractice case is specialization in the defendant’s field (Roach, 2006). While there was a tendency of allowing experts to give an opinion regarding the knowledge they have in the standards of operations of a certain field, it is certainly not possible for an expert to give a fair, adequate and valid expert opinion if he/she has not specialized in the field of the defendant. Additionally, it would not be possible either to give an expert opinion that is credible if the medical malpractice expert has no experience in performing the operations and techniques in respect

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