“In general, physical injury cases are easy to sort out in terms of what exactly happened to whom, like a victim who suffered fractured limbs from a car accident for instance. Toxic tort cases, on the other hand, are rarely as telling.
Most of the time, for an attorney to successfully give justice to his client, a reliable medical expert witness should be hired. Here are some basic facts about the technical realm of toxic tort claims and litigation that every lawyer should arm themselves with.”
The testimony of a medical expert witness is crucial in most medical malpractice cases because non-doctors who are dealing with the case may not fully understand the scientific principles involved. A skilled toxicology expert witness, for example, can explain how certain chemicals can cause death or paralysis to a person. The judge’s verdict can greatly shift after listening to the testimony of a reputable expert witness.
There have been many instances when a case was immediately decided (or worse, dismissed) due to lack of medical expert witnesses from either the prosecution or the defense.
Medical malpractice is a serious crime that could potentially destroy the career of an established medical professional, so you might see why there’s simply no room for an error in judgment when practicing medicine. Note that most courts will deny or dismiss a malpractice case when there is no reliable medical expert witness to take the stand either for or against the accused.
On Medical Malpractice
A case for medical malpractice could be brought to court once the plaintiff believes that the negligence of a particular medical practitioner has brought about further physical injury, or worse, the death of another. Common medical malpractice cases include instances of misdiagnosis, erroneous dosage application, treatment faults, or even aftercare negligence.
Food poisoning happens when the ingredients in the food, such as meat, fish, or poultry, have been exposed to heat or to room temperature for a considerable length of time before the food was eaten. Food poisoning may also be caused by the improper processing or cooking of food. If you are a victim of food poisoning, you are legally entitled to file for claims against the manufacturer or source of the toxic food.
Food poisoning lawsuits may be tricky. You need to be able to pinpoint the food that caused your sickness and legally prove two things: (1) the food was contaminated; and (2) your sickness was caused by the contamination.
Food contamination has to be proven scientifically, often through the expertise of forensic toxicologists. If there is an outbreak of food poisoning in your area, the cause of the contamination is easier to trace and to prove, which would make a lawsuit easier to settle. However, if no outbreak is present, you may need to get samples of the contaminated food and have it examined for toxic contents.
Proving that your sickness was caused by the contamination might likely require a stool examination. A medical technologist or a forensic toxicologist may be called upon to show that your stool contains the same microbe that is also present in the contaminated food.
Most states have very strict laws on product liability, particularly food products, so you can be assured that you are protected in this regard.