Most visits to the dentist are trouble free and relatively painless, but sometimes things can go very wrong. When this happens, malpractice lawsuits are often the result. Because dentistry deals with human beings with differing physical characteristics, procedures are never exactly the same each time. The only physical evidence is in the mouth and body of the plaintiff. Jurors must rely on the testimony of a dental expert witness in order to make the right decision.

The fact is that over half of all malpractice cases are decided in favor of the defendant, and these whether cases are won or lost is based to a large extent on expert witness testimony. Malpractice claims usually are based on accusations that the doctor or dentist provided care or treatment that was below standards, and resulted in physical or mental injury to the patient. The witness is supposed to provide unbiased scientific data that supports one side or the other.

The technical information presented by lawyers on both sides can be difficult to understand for the average juror. One job of the expert is to explain in common language exactly what exactly was done, what it entailed, and what the injurious result may have been. Anyone claiming to be an authority in this area must be have up-to-date scientific knowledge in order to help lawyers on either side of the argument prove the case.

What are the qualifications that make a dentist "expert"? There are actually two different kinds of witnesses, those who testify and those who do not. An expert who actually testifies makes an appearance in court in front of the judge and jury. The non-testifying witness evaluates the aspects of the case in order to determine if there was any deviation in medical or dental procedures, or if actions taken by the defendant were unusual or potentially harmful. This type of witness generally doesn't appear in court, and often their names are often not attached to documents.

When selecting such a witness there are several qualifications to consider. Most importantly, a medical expert should be educated and up-to-date in the his or her arena of practice. Treatments and methods are constantly being updated or improved, and someone recognized as an authority in a particular field should be able to precisely state why an action was right or wrong, and the exact nature of the plaintiff's injury. This has to be done in language understandable and precise enough to avoid confusing the jury.

Any dentist or doctor testifying must be highly regarded within his own field. Without that credibility, there will be no court advantage, and the only reason to hire such a witness is to win the case. Witnesses lacking peer respect are more likely to lose the case. For that reason, a witness must be completely honest about his credentials and scope of understanding in order to present an unbiased opinion.

Expert witness testimony requires a specialist in the field under question, and he or she must have passed certification requirements from an official board. Other essential qualifications include a minimum of five years' dental or medical experience. Teaching in a respected university is an advantage, and a witness must not have been retired for more than two years. Having no close ties to local medical groups eliminates colleague pressure, and close physical proximity to a trial location makes repeated testimony easier. Also, previous experience at trial means that a witness will be familiar with the hard-ball tactics used by some lawyers.

A witness can be the deciding factor for either party. Don't employ a medical expert witness who will be intimidated by colleague pressure because he has never previously testified against other physicians. Also not recommended is choosing someone in the media spotlight as an author or popular speaker. Someone like this is usually expensive due to time and travel requirements, and public visibility will not actually guarantee success. Medical legal services are the best source of these witnesses. Their fees are not governed by celebrity, and they back up all sources. There is, of course, no guarantee that any side will prevail, but selecting a dental expert witness backed by a medical legal service is the best option for either the defendant or plaintiff.