In medical malpractice cases, expert testimony has always been indispensable; our W&B team strives to retain the most impressive and appropriate expert witnesses for each case. Nevertheless, time and time again, juries base their verdicts upon testimony of the treating health care providers — not on the expert testimony.
Recently, we tried a case where multiple physicians were alleged to have negligently discharged a patient with an infection, causing serious injuries. Despite extensive expert testimony during the two-week trial, jurors disclosed that when it came time to deliberate, they barely remembered the experts! The jurors were most interested in the story told by the treaters, which painted a clear picture of the patient’s medical treatment.
So just how important are experts, really? In our experience, expert testimony is most memorable when it is bad. Jurors remember the experts they do not like, or the experts who are seriously impeached on cross-examination.
The lesson is this: even if they aren’t memorable, we must continue to present juries with compelling and credible experts. Don’t let weak experts detract from the appeal of your treating health care providers.
At Waranch & Brown, we are committed both to finding the best experts and working with our physicians to ensure their testimony is as strong as possible before it is heard by a jury. If you need assistance with a legal matter, contact our experienced attorneys today.