Neurology Expert Witness & Testimony

A neurologist is a medical specialist who deals with the branch of medicine that applies to the nervous system. Neurology encompasses both the central nervous system—such as the brain and spinal cord—and the peripheral nervous system, which includes all other types of sensory receptors.

While neurologists do not perform surgery, they do deal with a number of highly complex afflictions, from seizures to strokes to neurodegenerative disorders such as Alzheimer’s. Many physicians in this range of work also specialize further into areas such as epilepsy or behavioural neurology.

It is easy to see how neurology can be a sophisticated area of expertise that is well beyond the realm of what an attorney is expected to understand—let alone a jury. Therefore, it is common and necessary to employ a neurology expert in the courtroom.

As with all medical professionals, their expert testimony is rigorously developed and held to a high ethical standard. Notably, neurologists are more prone to medical negligence litigation than any other type of medical specialist, and these types of cases tend to pay out the highest average amount, at over $300,000 per payable case.

Main Source of Neurology-Related Litigation and How an Expert Can Help

One of the biggest reasons why neurology experts are called into medical cases is for stroke-related issues, since the timeline for stroke treatment is so short. Misdiagnoses and delayed or inadequate treatment are the main sources of litigation, since strokes generally deteriorate a person’s condition extremely quickly and an increased delay in treatment is directly correlated to a decreased chance of complete or partial recovery.

Many plaintiffs argue that if their neurologist had provided a sufficient standard of care and offered treatment in time, their condition could have improved. The opinion of an expert in neurology is necessary in such cases, since they can determine what a capable and knowledgeable neurologist should have done.

Benefits of Using an Expert in Neurology

An expert witness who specializes in neurology can offer many benefits to cases of medical negligence:

  • Case review
  • Patient examination
  • Identification of future needs
  • Testimony

A professional and knowledgeable neurology expert witness will be able to provide attorneys with a prompt record review and report to aid them in building their case. It is also the job of a competent neurology expert to describe the negligence that was or was not involved, and what kind of restitution should be provided.

In addition, these experts will be able to explain the procedure’s statistical outcomes, since a decision cannot be based solely on the procedure’s lack of success. It is important to determine whether the negligence claim is truly factual or is simply the unfortunate outcome of a non-guaranteed procedure. It is estimated that in about 55% of medical malpractice cases brought against neurologists, harmful negligence was not found to have occurred.

Expert Medical Witness

In addition to medical malpractice, an expert in neurology will usually also possess sufficient expertise to contribute to cases involving accidents causing personal injury or wrongful death if a neurological issue is expected to have caused the injury or death. An example of this would be a trauma-induced aneurysm resulting from a car accident.

Neurological illnesses and their treatment are highly scientific and can be complex for litigants, attorneys, and jurors to understand. Consulting with a qualified expert witness in the field of neurology can go a long way in providing insight to aid in the construction of an effective negligence suit.