What type of medical expert is necessary to prove a defective drug injury claim?

In Washington, an injured party attempting to prove a defective drug injury claim must produce evidence that the drug or medical device in question was, in fact, defective. Typically, this requires the testimony of a medical expert. A medical expert witness is a person who is qualified to explain medical issues, treatments, and conditions in a legal setting. The medical expert will offer an opinion regarding the defective drug injury, the accuracy of which must be verified by the court. Medical experts typically have a degree in medicine—most often an MD or PhD specifically in an area relevant to the injury in question. In a defective drug injury case, the medical expert would be trained to understand the effects of medications on the human body and be able to answer questions about potential side effects, dosing errors, and other potential issues that would indicate a defective drug or medical device. In addition to the medical knowledge of a qualified expert, the court must consider several other factors when determining the validity of the expert’s testimony. These include experience in treating similar injuries, the ability to communicate effectively in a court of law, and the expert’s ability to adequately explain the complexities of a medical issue in plain English so that a jury can understand the medical evidence presented. In any defective drug injury case, successfully proving the claim can hinge upon the testimony of an effective medical expert.

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