The intersection of law and dentistry may seem like an unlikely pairing. In reality, dental expert witnesses can play a pivotal role in your case. They can provide insights into allegations of malpractice or personal injury claims. A dental expert witness can also weigh in on forensic investigations and support your legal arguments in high-stakes trials.
The right testimony from an established dental professional can clarify complex issues and help your audience better understand the key facts of a case. Here’s a closer look at who dental expert witnesses are and how they can help you achieve more favorable outcomes for your clients.
Who Is a Dental Expert Witness?
A dental expert witness is a licensed professional with specialized knowledge and experience in dentistry. An expert witness in the field of dentistry will typically be a doctor of dental surgery (DDS) or doctor of dental medicine (DMD).
Traditional fact witnesses testify about what they observed or heard. Expert witnesses offer professional opinions based on their expertise and the evidence presented at trial.
To become a dental expert witness, a person must meet stringent qualifications, which typically include the following:
- Dental License: They should have a dental license, which requires four years of dental training.
- Extensive Experience: Years of practice in clinical or forensic dentistry.
- Specialized Training: Knowledge in the specific area relevant to their testimony, such as orthodontics or oral surgery.
The use of a dental expert witness or subject matter expert (SME) in any field is governed by Rule 702 and the Supreme Court case Daubert v. Merrell Dow Pharmaceuticals. Consider these rules and precedents when deciding when and how to integrate a dental expert witness into your courtroom strategy.
You’ll also need to find an expert witness who is up-to-date on advancements in dental technology and practices through continuing education. After identifying the right individual, you can integrate the expert witness into your case strategy. Some cases that a dental expert witness may be able to assist with include:
- Medical Malpractice: Determining whether a provider met the accepted standard of practice
- Personal Injury: Reviewing and explaining the dental damage caused by accidents or assaults
- Criminal Cases: Analyzing bite mark evidence or identifying remains in forensic investigations
- Insurance Disputes: Determining the extent of dental injuries and treatment costs
Dental expert witnesses can be particularly valuable when litigating tightly-contested personal injury cases. Unlike evidence witnesses, they can integrate their opinions into their testimony. As such, they are able to explain how severe oral injuries may impact a person’s quality of life and long-term health.
The Role of a Dental Expert Witness in Legal Cases
Dental expert witnesses can assist both plaintiffs and defendants. They can analyze evidence and provide clear, credible testimony.
Research suggests a strong correlation between an expert witness’s confidence and jurors’ perception of their credibility. Jurors view confident experts as more credible. It’s vital to choose the right SME for your case so that they can speak knowledgeably and confidently about the issues at hand.
Your witness’s responsibilities will vary based on the type and scope of the case. Some of the tasks they may assist with include:
- Reviewing medical records and other patient documents
- Breaking down buzzwords and complex topics into simple terms
- Composing reports
- Helping lawyers build strong cases
For example, if you are litigating a trauma case, a dental expert could help determine the severity of your client’s injuries and estimate treatment costs. Similarly, an SME could assess whether another dentist’s actions deviated from standard practices, which could support negligence claims.
The Legal Impact of Dental Expert Testimony
Expert testimony from dental professionals can influence legal outcomes by making technical information more accessible to jurors and judges. You can also use this testimony to build a strong presentation that overshadows the other attorney’s arguments.
A survey by Courtroom Insight supports the idea that using a subject matter expert can also surprise the other legal team. The survey included 956 individuals, over 92% of whom are from law firms of varying sizes, and 99% of respondents reported that they were surprised or unprepared for an SME’s experience or background.
With the right experts testifying on behalf of your client, you can potentially sway jurors and back up your key arguments.
One of the most infamous cases involving forensic dentistry led to the conviction of Ted Bundy, the killer who terrorized women in the western United States. Dr. Richard Souviron presented bite-mark evidence at Bundy’s appeal, helping to convict him of multiple murders.
Despite examples like the Bundy case, dental expert testimony does not guarantee success. Some limitations to consider include:
- Opposing lawyers may question an expert’s qualifications or impartiality
- Multiple experts may present conflicting views
- Poorly communicated testimony can confuse jurors
Therefore, it’s vital that you choose an SME who has experience as both a dental professional and a presenter.
The Process of Becoming a Dental Expert Witness
A dental professional who wants to become an SME must:
- Have a dental license
- Acquire years of practical experience
- Build a history of impartial assessments
Dental expert witnesses have to stay up-to-date on changes in the dental field. Those who have retired should attend seminars and workshops so they can provide more relevant testimony on current techniques and best practices.
Source Your Expert Witness From Blue Ocean Global Technology
Do you need a dental expert witness to strengthen your case? Contact Blue Ocean Global Technology and connect with a member of our extensive SME network.
The Future of Dental Expert Testimony
While dental professionals have established their value as SMEs in legal proceedings, some question the validity and reliability of their testimony. The use of dental forensics faces particularly tough scrutiny.
Moving forward, advancements in dental technology may help boost the credibility of witnesses in this field. Tools such as 3D imaging devices and digital bite mark analytics software can help make forensics dentistry more precise and reliable.
Contact Us
Blue Ocean Global Technology can connect you with experts who can support your legal arguments and help you fight for your client’s rights. Dr. Richard Williamson, one of our experts, specializes in Prosthodontics and possesses extensive expertise in other dental disciplines. With 17 years as a private practicing General Dentist and almost 24 years as an academician, he brings a unique combination of practical and teaching experience. His ability to explain complex dental concepts in layman’s terms makes him an invaluable resource for presenting information clearly to jurors and judges.
Frequently Asked Questions
1. What is a Dental Expert Witness?
A Dental Expert Witness is a licensed dental professional, often with specialized training, who is qualified to speak knowledgeably about key dental facts, procedures, and patient treatment outcomes.
2. Who Can Be a Dental Expert Witness?
The only requirement to be a Dental Expert Witness is having a dental license, which requires 4 years of dental training. However, Board-Certified specialists, who have undergone additional years of post-doctoral training and rigorous examinations, are recognized as the pinnacle of their specialty and are best suited to review complex cases and evaluate the quality of care provided.
3. Should I Use a Dental Expert Witness?
If your case involves dental-related evidence, a subject matter expert in the field of dentistry could support your position and arguments.
Need a Trusted Dental Expert Witness?
Our board-certified dental expert witness provides clear, professional, and well-supported opinions based on years of clinical practice, academic expertise, and forensic analysis.
