Toxic Tort Challenges: Why You Need Expert Witness

Toxic torts are lawsuits filed by or for individuals who were exposed to toxic substances, resulting in injuries, sicknesses, or other damages. For toxic tort to succeed, three things have to be proven: first, that a substance involved is toxic; second, that the plaintiff was exposed to it; and third, that the exposure to the substance indeed caused harm to the plaintiff. Unfortunately, proving these three things is easier said than done.

This is mainly because of two major challenges confronting plaintiffs: causation and latency periods. In many cases the testimony of a toxicology expert witness is needed to overcome these challenges.

Causation is self-explanatory. While toxic chemicals can indeed cause injury and sickness, other “non-toxic” factors may also lead to the same result. For example, it can be difficult to prove that a certain substance is directly responsible for causing cancer in someone, since the disease itself can be caused by heredity. Determining causation also extends to the parties involved in the incident. For instance, exposure to toxic chemicals at the workplace can be blamed on the supervisors, the chemicals’ manufacturers and distributors, and other similar groups or individuals.

The latency period, or the amount of time between exposure and the onset of injuries or sickness, can also stop a toxic tort dead in its tracks. Certain chemicals, for example, are known to cause cancer after 40 years. Defendants can argue that the plaintiff have contracted the disease from other sources that the plaintiff may also have been exposed to.

A Medical Expert Witness Helps Establish Strong Grounds for a Lawsuit

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.

http://www.environmentaldiseases.com/blog/2014/04/02/a-medical-expert-witness-helps-establish-strong-grounds-for-a-lawsuit/

A Credible Medical Expert Witness Proving Links To Unruly Incidents

Adding material to your case requires a full checkup after the alleged incident to further catalogue potential damage to the body. A trusted expert witness will be knowledgeable in various internal medicine fields and provide credible analysis of the physical report.

A skilled toxicology expert witness like Dr Brautbar will have an opportunity to make further sense of the facts in an alcohol abuse case. The study noted that the men’s tendency to up their general aggression kicked in after five shots. The changes were also the same in women, whose psychological abuse potential were linked to marijuana.

http://www.environmentaldiseases.com/blog/2014/02/05/a-credible-medical-expert-witness-proving-links-to-unruly-incidents/

Establishing Causation through the Help of a Medical Expert Witness

Having an expert witness, however, does not automatically guarantee the success of the case – it is but one aspect of a court proceeding, and there will be other factors that will be considered for a ruling to be made. Still, clients should make sure of the expert’s qualifications and specialties before hiring one.

When looking for a toxicology expert witness, for example, to establish the harmful effect of a certain substance to people, someone who has excellent knowledge of toxins and other dangerous contaminants can help.

http://www.environmentaldiseases.com/blog/2014/01/08/establishing-causation-through-the-help-of-a-medical-expert-witness/

How a Medical Expert Witness Can Help Solve Your Lead Poisoning Case

Consulting a reputable toxicology expert witness is necessary to obtaining a professional opinion on causation. Toxicologists have extensive knowledge and experience on the nature and effects of toxins and poisons including chemicals, pharmaceutical products, metals, and alcohol. From testing food products to identifying water quality and determining the safety of cosmetics, they play a huge role in our everyday lives. As professionals, toxicologists can conduct thorough analysis or scientific investigation and present an unbiased report after research for purposes of litigation. They may also give their testimony in court and assist with responses when the need arises. Through this method, the court will be able to determine whether or not the there is negligence on the part of the defendant.

http://www.environmentaldiseases.com/blog/2013/11/14/how-a-medical-expert-witness-can-help-solve-your-lead-poisoning-case/

Florida Tightens Medical Expert Witness Requirements with Two New Laws

The medical community's resentment toward these experts was evident at Friday's Florida Board of Medicine disciplinary hearing in Tampa. Board members rejected a recommendation to reprimand a doctor who fraudulently listed expert witness qualifications, and instead unanimously voted to revoke his license to practice medicine. Florida recently placed stricter regulations on medical expert witnesses with the signing of two bills into law; this comes as a result of many cases being decided due to the opinions of people who didn't specialize in the fields in question. First, House Bill 7015 amends the preferred standard in providing expert testimony in medical cases. Second, Senate Bill 1792 requires the legitimate medical expert witness to be in the same specialty as the nature of the case in question.

http://www.environmentaldiseases.com/blog/2013/10/02/florida-tightens-medical-expert-witness-requirements-with-two-new-laws/

Roles a Good Medical Expert Witness Plays in Criminal Jurisprudence

The outcome of criminal cases should always be decided on evidence beyond reasonable doubt; realistically speaking, the road to that decision is naturally paved with innumerable hurdles which the prosecution has to surmount should it hope to win. To advance this goal, courts often rely on evidence gathered by the investigation or assessment of professionals called expert witnesses. Some of these witnesses include weapons and ballistics experts, criminal psychologists, and forensic medicine specialists. The trusted medical expert witness can either be specializing in pathology, psychology, dental analysis, toxicology, or many other fields of study that can help the case by providing a detailed profile of the crime, which will be admissible as court evidence. Moreover, expert witnesses also have varying roles to play in the court proceedings, as stated in an article by ExpertPages.com.

http://www.environmentaldiseases.com/blog/2013/09/03/roles-a-good-medical-expert-witness-plays-in-criminal-jurisprudence/

Medical Expert Witness: An Asset in the Court Room

"Tragedy struck on April 13, 2013 when Jabari S. Kemp ran a red light, resulting in a collision with another vehicle carrying 5 people. Due to the impact, both cars crossed the median divider causing the other car to roll and eject 4 people out of the vehicle. ER doctor Johnathan Greenfield, who treated the victims of the crash, found extremely high levels of tetrahydrocannabinol (THC), the chemical found in marijuana, in Kemp's system. In a case such as this, a doctor may be called in as a medical expert witness to provide evidence and an objective opinion regarding the medical aspects of the issue to make a strong case. Cases such as Kemp's require testimonies that may be too complex for non-doctors to understand. But with the help of medical evidence and thorough reports from experts, justice can be served for those who commit negligent and criminal acts."

http://www.environmentaldiseases.com/blog/2013/09/12/toxicology-and-lawsuits-the-important-role-of-the-medical-expert-witness/