Jul 31, 2019 by Foresight

What is an Orthopaedic Expert Witness and When Might You Need One in Your Case

An orthopaedic expert witness provides clarity and an unrivalled knowledge in cases regarding musculoskeletal injuries, damage and diseases. Therefore these experts can, and do, play an active role in court cases, by validating or dismissing claims based on their knowledge of the human anatomy and the severity of injuries. Hiring an orthopaedic expert witness through Foresight will guarantee their expertise, readiness for court and swift appointment.

The Expertise of an Orthopaedic Expert Witness

The work of an orthopaedic surgeon (all orthopaedic expert witnesses are registered and qualified surgeons) deals mostly with issues found in the musculoskeletal system. As the musculoskeletal system runs throughout our bodies and plays such a crucial role in our constitution, it is unsurprising that there are many ways in which it can suffer from trauma. These traumas can be caused in many ways, notably by straining the musculoskeletal system or by a collision with a third party, be it a surface, a car or another person. These traumas can damage the bones, joints and structures which make up the musculoskeletal system. An orthopaedic surgeon is adept at assessing the extent, location and cause of a trauma, be it a low impact or high impact.

Another aspect of the work that orthopaedic surgeons carry out is diagnosing degenerative conditions in patients. Furthermore, these specialists help to treat infections, tumours and diseases which affect the musculoskeletal system. This understanding of diseases, whether temporary or degenerative allows an orthopaedic expert witness to explain the extent of an injury in a court room, or through a written report presented to a solicitor. As the authority on the matter, their diagnosis can be crucial in criminal cases involving trauma or disease to the musculoskeletal system.

When Might a Solicitor Instruct an Orthopaedic Expert Witness?

Orthopaedic expert witnesses have undergone general medical training as well as specialist training for orthopaedics and a year of clinical surgery practice. As a result of this expertise they command a vast knowledge of their field, an orthopaedic expert witness is well placed to provide clarity in:

  • Benefit Fraud cases where an injury claimed to have been cause must be validated or dismissed
  • Cases where a defendant is not fit to stand trial due to physical problems
  • Assessing cases where the defendant has claimed that due to their own physical problems/injuries they would not have been able to assault another person
  • Assessing damages in an assault case, where the nature and origin of the injury sustained may be given some clarity
  • Validating or dismissing claims of medical negligence and medical malpractice

The necessity for orthopaedic expert witnesses has grown over the years as the field itself expands due to new technological capabilities. Inevitably, as the field expands and adopts new technology there is an increased scope for error. These errors may be human, as with more patients comes the higher likelihood of mistakes, or technological, as when new technology is adopted there may be some teething issues. This may in turn lead to an increase in court cases revolving around musculoskeletal issues caused by medical malpractice, negligence and error.

Comprehensive Orthopaedic Expert Report

Following their prognosis, an orthopaedic expert witness will compile a detailed document which they may read in court or pass on to a solicitor. This report will comprise of their findings and the scientific grounding of their conclusions. Though in its nature the document is complex and expert, it will be written so it may be understood at a basic level of biological comprehension, therefore the evidence supplied is digestible to the solicitor presented with it, as well as the court staff. The evidence delivered in the report is crucial with regard to the validation or dismissal of an injury or malpractice claim.

Instructing an Orthopaedic Expert Witness Through Foresight

Due to the nature of the musculoskeletal system, an orthopaedic expert witness is adept at assessing injuries caused in varying scenarios and throughout the body. An orthopaedic expert witness can add a great deal of weight to a court case, however, the instruction of these services can often be long, arduous and expensive. By instructing an orthopaedic expert witness through Foresight, this process is streamlined and simplified. Our dedicated case managers will send you the CVs of experienced and court-ready orthopaedic expert witnesses. Get in touch today to find out more about our expert witness services and how we help our clients.



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