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When Medical Experts Clash: Convincing Doctor Testimony Can Be Key in Winning Your Personal Injury Case

Richard N. Shapiro
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Rick is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

If your personal injury case goes all the way to trial, a key element to convincing the jury you deserve full compensation is having a doctor testify by deposition or at the trial to describe the injury, its permanent aspects, and how it will adversely affect your daily activities and quality of life. Defense attorneys usually hired by the insurance companies, realize also know the importance of medical testimony, so their strategy is to obtain testimony of a competing doctor, to testify against you to minimize your injury.

A recent example of a clash of doctor experts (lawyers for short call any testifying doctor an "expert" though doctors often are modest when we refer to them as "experts") was in a case involving an injured off-duty police officer in Richmond, Virginia (VA). The officer was diagnosed with chronic myofacial pain and bilateral sacroiliitis. This injury, and the pain associated with it, could stay with the officer permanently, or at least for many years since a part of her job is to wear a gun belt around her injured sacroiliac joint.

The doctor brought in to testify on behalf of the injured officer reportedly did a great job explaining the nature of this type of injury to the jury, according to Virginia Lawyers Weekly. This is extremely important since bringing in an impartial third party like a treating doctor to testify, helps add credibility and can legitimize the victim's case to the jurors. Usually, at least one medical doctor must support any personal injury case in court.

The defense attorneys brought in a medical expert of their own and this expert argued the police officer's line of work contributed to the injury and her continued pain and suffering. However, during cross examination, it was revealed this medical expert earned at least $3 million over 10 years testifying for defense attorneys, mainly those representing insurers. Did this information damage the expert's credibility with the jury? Probably; bias of any witness whether a doctor, expert, or factual witness is often very important to a juror or a Judge.

All we know for sure is that the jury returned a favorable verdict for the injured victim including $150,000 in compensatory damages and $15,000 for punitive (punishment) damages.

Our firm understands the impact that good expert testimony has on a personal injury case and regularly uses the services of such doctors of all types, of liability experts, and other professionals to substantiate all kinds of aspects of a personal injury case. This runs a broad spectrum from doctors of all specialties, medical illustrators (illustrating the surgery or injury), to job/vocational counselor experts (lost earnings or earning capacity), to economists (lost earnings), to experts on product failure or defect, etc.




Best Virginia Injury Attorneys Virginia Super Lawyers   

About the Editors: Shapiro, Lewis & Appleton is a Virginia (VA) injury law firm whose attorneys focus exclusively on personal injury and accident law. We have a proven track record in the court room, and you can review our case results to see for yourself. We have offices in Virginia Beach and Hampton, but we're ready to come to you anywhere in VA if you've been seriously hurt by the carelessness of another person or company.

Virginia injury lawyers Rick Shapiro and James Lewis have been recognized as among the 
Best Lawyers in America since 2008. Shapiro and Lewis have
 also been selected by the National Million Dollar Advocates Forum since 2009. Rick, Jim and Randy have been named Virginia Super Lawyers for Personal Injury Law (Jim since '06, Rick since '10, and Randy since '12). This is a prestigious recognition that only 5 percent of lawyers receive.

We were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our Virginia Beach accident injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. 


We also 
offer free special reports and edit the Virginia Beach Injuryboard and Norfolk Injuryboard blog sites as a public information service.

Our attorneys have deep roots in Virginia and handle cases throughout the commonwealth including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton and Suffolk, VA. 


While no
t every injury case meets our criteria, we offer free initial confidential consultations, so call us toll free at (800) 752-0042. If you cannot get through due to the high call volume, please leave a voicemail and we will get back to you shortly. 

 Virginia injury lawyer    Best Lawyers in Virginia