In many personal injury cases (such as automobile accidents-no fault, slip and falls, construction accidents, etc.) and in most workers compensation cases, it becomes necessary for the treating doctor to testify as an expert witness for the patient. An expert witness is defined as a person who is qualified, either by actual experience or by careful study, to form definite opinions with respect to a division of science, a branch of art, or a department of trade. Testimony is extremely important and can mean the difference in thousands (very possibly millions) of dollars to the patient (called the claimant). It can also determine the decisions made on workers’ compensation cases and have a huge impact on the treatment and monetary benefits received by the injured worker.
In personal injury cases that ultimately go to trial, the treating doctor may be called to testify on behalf of their patient as an expert witness. The doctor must explain to a jury in a clear, concise, educated manner the mechanics of how the injury occurred, the severity of the injury, and how it will affect the patient’s activities of daily living. The doctor will also make a determination of whether this injury is permanent. If the doctor is competent and able to persuade the jury that the injury is severe, it may have a huge impact on the monetary results of the case. Testimony is also very common and necessary for workers compensation patients (people injured on the job). Quite often, workers compensation cases are controverted. Many issues may arise such as how the injury occurred or the extent of the injury (including what part of the body is affected and whether the injury is permanent or not). A competent, treating doctor that is certified by New York State to treat Workers’ Compensation patients must testify properly and concisely for the injured patient. This testimony will have a large impact on the compensation received by the patient and can also affect the treatment required by the injured worker.
Most doctors won’t testify. They either choose not to, fear to do so, or simply do not have the credentials or experience. Many doctors, that do testify, do it poorly. On the other hand, Dr. Jeff J. Mollins, and all referring doctors, testify as experts. All doctors not only have impressive credentials (Board Certification, post graduate education, etc.) but many years in practice. Dr. Mollins has been in practice for over 25 years, and has extensive trial experience. Dr. Mollins has testified in Brooklyn Supreme Court and received a jury verdict for $700,000.
Having the ability to provide expert testimony makes our office extremely valuable to our patient and to attorneys as well.