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Thursday, May 2, 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 ExampleThis watchword investigates the commitment of the Texas court of laws to improve the reliability of checkup malpractice intelligents as ancestors of vital expert information in medical checkup malpractice cases, with a view to understanding the required fashionings for such experts. Justification Cases involving medical malpractices atomic number 18 some of the nigh 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 feeling must be supported by the witness testimony if the case is to be held as valid (Jasper, 2010). This calls upon t he experts in the medical malpractice cases to be in full qualified so that they can help the court establish the truth of the matter regarding the case since they are the approximately 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 conduct 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 end 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 body politic where the phy sician, 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 acceptable standards, procedures and treatment methods, as there are opposite 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 fully grown 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 appendage in the region. A clear understanding of the acceptable operation standards in a region allows the expert to be gui ded in giving a mean(a) 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 expert in the medical malpractice case is specialization in the defendants field (Roach, 2006). duration 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 each to give an expert opinion that is credible if the medical malpractice expert has no experience in perform the operations and techniques in respect
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