The Issues With Using Expert Evidence
We have written about what evidence you need to prove liability in an animal attack case in PA. But here we ask: when do you need the opinion from a medical doctor — which can be very expensive — to advance your claim?
It may be obvious that a canine’s tooth has damaged your skin. However, a court may need to hear from a medical witness about other things, such as:
- Whether the injuries are permanent,
- How long the injuries will take to heal,
- The diagnosis of nerve damage, infection, or other medical condition beyond the tearing of flesh,
- The extent to which the injuries limited you from work or other activities,
- What corrective surgical options may — or may not — exist, and,
- Whether you followed doctor’s order to manage your injuries to ensure proper healing, if the defense raises the issue.
On these topics, your failure to present expert evidence can defeat your animal attack-related claim. In this article, we focus on what such evidence entails.
The Evidence Needed
To prove anything requiring an expert medical opinion, you need three things: (1) a witness who possesses certain qualities, (2) an opinion that includes the proper wording, and (3) the ability to pay the expert’s demanded fees.
The Quality of Expert
To serve as an “expert” in Pennsylvania, the standard is fairly low. The expert need only possess “any reasonable pretension to specialized knowledge on the subject under investigation. If he does, he may testify and the weight to be given to such testimony is for the trier of fact to determine,” See Miller v. Brass Rail Tavern, Inc., 541 Pa. 474, 480-81, 664 A.2d 525, 528 (1995). See also Pa.R.E. 702. However, to prove issues related to medicine, you need an actual medical doctor, not a nurse practitioner, physician assistant, or chiropractor.
The Wording of Your Expert Opinion
It’s not enough for an expert to say it was “more likely than not” that the Defendant’s conduct caused your injuries or limitations. Instead, the expert must opinion “to a reasonable degree of professional certainty,” that the Defendant’s conduct caused a certain condition or limitation.
Payment for Testimony
Law firms, like ours, advance costs to pay for evidence in animal attack cases. However, this cost comes out of any settlement or recovery at trial. Doctors charge anywhere from $500 to $2,500 just to draft a written opinion. Then, it’s another $3,500 to over $10,000 for expert testimony at trial. Thus, you should fully evaluate the possibility for settlement prior to paying an expert to testify at trial.
Let’s Get Started!
Get free answers to your questions today!
412.400.5476