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Why are Expert Witnesses Needed in Healthcare Cases?

As patient data breaches increases and medical malpractice cases emerge due to both the increase in cyber-attacks and failures in healthcare IT solutions, there is an increasing need for legal firms to access expertise in this field when preparing their cases. 

 

These legal cases often involve complex medical issues, and a healthcare expert witness will have the specialised knowledge needed to explain technical details of the case, to assist legal professionals to make an informed decision. In particular, medical expert witnesses can assist with: 

 

Complex Technical Expertise: When it comes to healthcare technology legal cases, specialist knowledge in medical technology is required. This includes having a deep understanding of medical devices, software, and electronic health records.

 

Identifying Faults in Technology: For cases that involve potential faults in healthcare IT systems, a medical expert witness with experience in this technology can help to identify and analyse these faults and defects.

 

Understanding Industry Standards and Regulations: One of the main aspects of a healthcare expert witness’s job is to identify where industry standards may not have been met in terms of patient safety and data security, and where technology isn’t meeting these standards. 

 

Investigating Data Security Breaches: Digital health records are more common now than ever, and will almost certainly be the norm as technology develops further. But of course, with technology comes the risk of data breaches. Within healthcare, an expert witness will be able to help investigate why a security breach happened. 

 

Educating Legal Professionals: It is the judge and jury’s job to decide where blame lies within this kind of court case, but they are unlikely to be clued-up on the details of healthcare technology standards and legalities — this is where an expert witness comes in. 

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Challenges in Medical Legal Cases

Determining whether a cyber-attack can be considered within a medical malpractice context or whether a healthcare organisation was at fault for a data breach requires extensive knowledge of both healthcare environments, clinical workflows and cybersecurity best practice. 

 

Multidisciplinary expertise in healthcare is rare, given it is an emerging area. In particular, healthcare cybersecurity expert witness services from a company with extensive knowledge and experience in healthcare IT is very niche, which is why The AbedGraham Group are proud to be able to assist in these cases, where others may not be able to.

Our solution

Our organisation is one of the few entities in the world actively involved as medical expert witnesses in ongoing healthcare cybersecurity legal cases, both as clinicians and cybersecurity experts. We are well-positioned to research cases, review discovery materials, assess case arguments, develop witness/deposition questions and testify as expert witnesses across multiple jurisdictions.

Doctor in Hospital Corridor

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