Using Medical Literature To Prove Damages

Using Medical Literature To Prove Damages Thomas W. Williamson, Jr., Esq. Carolyn Lavecchia, Esq. Williamson & Lavecchia, L.C. Richmond, Virginia With rare exception, the extent of provable damages in a personal injury action about the existence, nature, cause and effect of an injury allegedly suffered by the plaintiff is determined by testimony of medical experts. No lawyer can effectively represent an injured person without presenting reliable medical testimony and impeaching an opponent’s medical evidence. The trial lawyer’s quest to present

and counter medical testimony demands the lawyer familiarize himself with not only the facts found in the medical records and known to the witnesses but to also learn the science relevant to the opinions offered by the medical experts. Learning the medical science in large measure means learning the medical literature. Throughout the modern era, medical science has relied upon written publication to disseminate new theories and findings, to discuss its controversies and to educate its practitioners and students. This literature comes in many formats. Case reports discuss the medical treatment and course of a single patient or group of patients. Articles describe in detail the clinical research conducted and the conclusions of the researchers. Review articles give the reader a survey of the state of knowledge on a particular disease or therapy. Textbooks also serve to summarize the state of knowledge and state conclusions and opinions of their authors. The weight attached by the medical profession to various items of literature varies greatly. The highest esteem is accorded to that literature which has subjected to rigorous peer review and approval prior to publication. Examples of highly respected peer reviewed journals would the New England Journal of Medicine and the...

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