There are a variety of reasons you may choose to retain a physical therapist as an expert witness. However, I will highlight some of the most common services that we can provide, with some context as to why you may choose to use a physical therapist as part of your legal strategy.
Perhaps you have are working on a medical malpractice case in which a patient has suffered an injury, potentially as a result of negligence or malpractice. Many times, it can be as the result of an injury in which the plaintiff claims that the physical therapist was not adhering to standards of care. This can happen in many ways. Perhaps...
Physical therapists are routinely involved in not only the direct patient care of patients, but also in the decision-making process of their medical care as a whole. If you are providing legal services to a plaintiff for the reasons listed above, or if you are defending the actions of a medical facility or practitioner, it may greatly enhance your legal approach by retaining the services of a PT expert.
In a recent report from Healthcare Providers' Service Organization (HPSO), payments for Physical Therapy malpractice claims were $42 million over a recent 5 year period. That is DOUBLE the amount in a previous study. So why is this happening? An article in PT in Motion News, reported that:
"examples of improper management include failure to follow practitioner orders, failure to obtain informed consent, failure to complete a proper patient assessment, failure to cease treatment following excessive/unexpected pain, and failure to report the patient's condition to the referring practitioner."
Cases involving physical therapy care are common. We can help you determine if there was negligence in the case and whether the PT was adhering to best practice standards. Do not hesitate to contact us today!
The laws that govern Expert Witnesses will vary slightly from state to state. In some jurisdictions, physicians who are testifying as expert witnesses are required to be certified as a witness. In other states, this is not the case. The general guidelines for Expert Witnesses fall under Rule 702 of the jurisdiction in question. In New Jersey, the American Bar Association provides the following information about Expert Witnesses:
"Expert testimony is governed by New Jersey Rule of Evidence 702, and tracks Federal Rules of Evidence 02 in its pre-amendment form. 'If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.' N.J.R.E. 702.
There are three basic requirements for expert testimony: '(1) the intended testimony must concern a subject matter that is beyond the ken of the average juror; (2) the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony.' Landrigan v. Celotex Corp., 127 N.J. 404, 413, 605 A.2d 1079 (1992)(citing State v. Kelly, 97 N.J. 178, 208, 478 A.2d 364 (1984)).
Cases involving potential professional negligence, liability, or carelessness in the field of physical therapy often meet these requirements for an expert witness. With respect to the three basic requirements listed above:
When your court case is reliant on expert opinion in the areas of physical therapy or biomechanics, our experts can help you. Contact us today!