How our Mesh Injury Expert can help in a medico legal case.

November 20, 2023
 / 
by McCollum Consultants

In a mesh injury case, the expert plays a crucial role in providing specialized knowledge that bridges the realms of medicine and law. Our professionals, often physicians, are adept at analysing complex medical issues and translating them into comprehensible terms for legal proceedings. Here are a few examples of how our experts can help:

  • Expert Testimony: Medico-legal witnesses are typically medical professionals with expertise in the relevant field. In cases of vaginal mesh injury, they can provide expert testimony to the court regarding the nature and extent of the complications, the standard of care in such procedures, and the causation of injuries. This testimony can help the judge and jury understand the medical aspects of the case.
  • Establishing Liability: The medico-legal witness can help determine if the healthcare provider or manufacturer of the vaginal mesh device deviated from the standard of care, leading to the complications. Their testimony can be crucial in establishing liability in medical malpractice or product liability cases.
  • Assessing Damages: These witnesses can also assess the extent of the patient’s injuries and the long-term impact on their health and quality of life. This evaluation can be valuable in quantifying damages and helping the court make a fair compensation decision.
  • Medical Records Review: Medico-legal witnesses often review the patient’s medical records to provide an expert opinion on the treatment received, the appropriateness of the mesh procedure, and whether any medical errors occurred.
  • Professional Credentials: Medico-legal witnesses are typically board-certified and have extensive experience in their field. This lends credibility to their opinions and helps strengthen the case.
  • Settlement Negotiations: Before going to trial, medico-legal witnesses can assist in settlement negotiations by providing their expert opinion on the strength of the case, helping the parties reach a fair resolution.
  • Courtroom Testimony: When a case goes to trial, the medico-legal witness can provide clear and informed testimony to support the plaintiff’s or defendant’s position, helping to educate the jury on complex medical issues.

In cases involving vaginal mesh complications, a medico-legal witness can be a valuable resource for both plaintiffs and defendants to ensure that the legal proceedings are well-informed by medical expertise, and that the outcome is just and fair for all parties involved.

References

https://www.nice.org.uk/guidance/ng123/resources/2021-exceptional-surveillance-of-urinary-incontinence-and-pelvic-organ-prolapse-in-women-management-nice-guideline-ng123-8955769501/chapter/Surveillance-decision?tab=evidence
https://www.nice.org.uk/guidance/ng123/evidence/evidence-review-l-management-of-mesh-complications-pdf-242110346583
https://www.nice.org.uk/guidance/ipg599