The dentist can interview, conduct clinical examinations, perform and interpret diagnostic tests, treat patients and review records. Based upon review of the records and/or a dental examination of the patient, the dentist may provide an opinion to be used by the lawyers as essential information to evaluate the case. This opinion is to explain the patient’s condition, causation, impairment and possibly future treatment. The dentist may be called by either side to provide further explanations, under oath, about the patient’s condition, causation and damages. In other cases he may be called for trial to explain, to the jury or judge, the causation and the damage.
The Dentist’s Responsibilities as an Expert Witness The dentist’s responsibilities can be explained as follows:
1. To provide an opinion on a patient’s condition, causation, permanent impairment and future treatment if needed;
2. To educate the attorney about the patient’s condition, causation, and permanent impairment; and
3. To provide a fair testimony for a deposition or in court in front of a judge and a jury.
The Dentist’s Legal Protection In litigating a personal injury case, the dentist has the following protections under law:
1. To be compensated for services at an expert’s rate;
2. To be served a subpoena providing notice and limiting access by the party in litigation;
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