The Changing Role of Expert Testimony in Missouri Wrongful Death Litigation

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In late January, the Missouri Supreme Court unanimously overturned a lower court ruling barring expert testimony in a wrongful death lawsuit against an orthopedic surgeon. In 2005 a patient, the now deceased party, suffered paralysis in the lower half of his body and chronic pain after having surgery performed at the clinic of an orthopedic surgery group. While a medical malpractice claim was pending, the patient committed suicide and his family subsequently amended the complaint to substitute a claim for wrongful death against the defendants. The family sought to introduce the expert testimony of a psychiatrist, in order to show that the severe and constant pain the patient was experiencing was the cause of the patient's death. The defendants denied that they were the root cause of patient's untimely death. The trial court denied the admittance of plaintiff's expert witness and dismissed the case. The Missouri Supreme Court, however, reversed that decision, holding that the psychiatrist's testimony should have been presented to the jury where they could assess the arguments on both sides. This case clearly demonstrates the ever increasing importance of an effective expert witness and the difficulties in obtaining the relief and compensation even in cases where negligence appears to be clear.

The wrongful death of a loved one is probably the most devastating experiences that a family can endure. If you believe that the death of your loved one is the result of someone else's negligence, the burden is even greater and can result in years of litigation to reach a resolution and obtain the necessary compensation. The medical malpractice attorneys at Meyerkord and Meyerkord are sensitive to these issues and to the needs of your family. They have decades of experience in wrongful death claims and will fight to ensure a just and fair result. Call toll free at 1-800-391-4318 to set up an appointment with our experienced advocates who will help you navigate the difficult situation which arises out of wrongful death claims.

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