A breast implant is an implanted device used to augment existing breast tissue for cosmetic purposes or to reconstruct the breast after surgery such as mastectomy. Litigation from alleged harm due to breast implants is not new, but recently a new form of lymphoma thought to be associated with implants added to concerns over the safety of these devices, which have also included implant rupture and contracture.
In 2018, silicone implant breast augmentation was the #1 performed plastic surgery for women in the United States, with 928,914 procedures performed. Implants range from round to oval to teardrop shape to best approximate the patient’s natural shape and may contain silicone or saline. Both silicone and saline implants have an outer shell made from silicone. Some implants have a smooth surface, others have a textured surface thought to stabilize the implant and decrease scar tissue formation.
Fig 1 Breast implants (image courtesy FDA; https://www.fda.gov/medical-devices/implants-and-prosthetics/breast-implants, accessed 6/1/19)
It can happen even if you are treated by the most skilled physician at best hospital the state has to offer. Leaving lasting scars, disabilities, a lifetime of pain or even death, medical malpractice can destroy a patient’s life. It is little wonder why tragic mistakes lead to serious lawsuits.
Here are recent medical malpractice cases that have resulted in large settlements: (more…)
Expert witnesses play a crucial role in a case, and many times your expert’s testimony will determine whether you win or lose the case. It’s a make or break situation, and you depend on trustworthy, reliable expert witnesses.
But what happens when an expert witness backs out of your case for some unforeseen event or circumstance? Or you encounter hesitancy or difficulty in trying to schedule your expert for trial? And worst-case scenario: what happens with the death of an expert witness?
For those who love watching television, there’s no shortage of binge-worthy legal dramas out there right now. Hollywood seems to produce one hit after another, and there’s something about a cast of characters centered around jury trials and court depositions that captivates audiences. Is it the drama? The suspense? The pure ridiculousness?
As a professional in the legal industry, you probably critique every legal drama you watch. “That would never happen,” you say as you roll your eyes. Sometimes, however, you may watch a show that’s more realistic than ridiculous, and it may even give you ideas for your next trial.
Let’s talk hiring expert witnesses. If you’re either considering finding one for a case, or you’ve already been down the road of hiring expert witnesses, each experience is a learning opportunity.
The Internet is swamped with articles on how to hire an expert witness, when you should hire an expert witness, and what expert witnesses do. But what about mistakes to avoid? Even in this area, you can learn from others’ mistakes.
You already know that it takes a specifically qualified individual to be a strong expert witness, and that choosing the right expert witness can make or break your case. However, when attempting to hire an expert witness on your own, you might spend hours and hours locating a potential expert, not including the vetting process, and end up with an expert witness whose testimony is far from sufficient.
So, how do you make sure an expert is the right choice for your case and that their expert testimony and/or opinion is what is needed for a successful outcome? Start with the characteristics of the ideal testifying expert witness below.
What does it take to become an expert witness, and do you have the time and interest in assisting on legal matters?
An expert is a specialist with advanced knowledge in a professional area, such as any medical or hospital personnel, as well as the fields of automotive, finance, engineering, law enforcement or education, to name a few industries. This person has knowledge and expertise in a particular area, which is due to hands-on work in that specific specialty. An expert witness is someone who gives sworn evidence on the applicable standards of care in a court of law.