In nearly all Buffalo personal injury lawsuits that end in a trial, the defense will require the injured party to be examined by one or more doctors of their choosing. While the purpose of this examination is supposed to be to gather medical evidence, the examination almost always results in the defense’s doctor concluding that the injuries are not as bad as the plaintiff’s treatment providers indicate, not related to the accident in question, or some other opinion that is favorable to the defense.
On rare occasions, however, a defense medical expert may reach a conclusion that is favorable to the injured person. Under such conditions, the defense may not wish to use this expert at trial. While neither party is required to call any particular person as a witness, when a party declines to call a witness who would normally support their version of events, the jury may be given a special instruction regarding this missing witness.
When the defense fails to call its medical expert, the jury will usually be instructed at the conclusion of the trial that they may conclude that the medical expert’s testimony would not have supported the defendant’s position and would not contradict the medical evidence submitted by the plaintiff in the personal injury lawsuit. In other words, the jury may conclude that the defense medical expert would have been favorable to the plaintiff.
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