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Using Toxicology Experts in Personal Injury and Criminal Defense Cases

Scientist wearing protective eyewear and gloves examining a vial containing a dark red liquid in a laboratory setting.

Toxicology expert witnesses play a critical role in complex litigation

Quite a lot of litigation involves toxic substances, either directly or indirectly. And in cases that may turn on the effects of a toxin on the human body, a toxicologist can be an invaluable expert witness.

What is a toxicologist?

Toxicologists are doctors and scientists who study the adverse effects of chemicals on living organisms, including identifying and characterizing toxins, understanding their mechanisms of actions, and assessing risk.

Medical toxicologists are doctors who specialize in diagnosing, treating, and preventing poisoning. Forensic toxicologists focus on interpreting toxicology data for investigative and legal purposes. Environmental toxicologists assess long-term exposure to chemicals. Depending on the nature of a case, all three types of toxicologists may be valuable expert witnesses.

Toxicologists in civil cases

Toxicologists can play an important role in any civil case that involves poisoning, from workplace exposure to dangerous substances to drug overdoses and interactions. An experienced toxicologist can analyze data and explain the causal relationship between a toxic substance and the injury or illness sustained by the victim.

A toxicologist may also be able to offer an opinion on whether a defendant was intoxicated or under the influence of a substance that may have affected his or her behavior and contributed to an accident.

In wrongful death cases, a toxicologist can analyze autopsy reports and toxicology findings and offer an opinion on the decedent’s potential causes of death, whether to help prove a plaintiff’s case or offer an alternative theory of causation from the defense perspective.

Of course, as in any medical negligence case, in cases involving medical malpractice by a toxicologist, an expert witness in the same specialty is needed to offer an opinion on the appropriate standard of care. Toxicologists are also invaluable expert witnesses in product liability and pharmaceutical liability cases alleging harm from a drug or other toxic product.

Toxicologists in criminal cases

Many criminal cases involve toxic substances, most commonly DUI and drug charges. Toxicologists who understand the effects of alcohol and other substances on the body can help to explain what happened and either reinforce or undermine the case against the defendant. They can interpret test results for substances and assess whether those results reflect actual impairment at the time of the incident. They can also offer opinions on the testing methods used by police and crime scene investigators and identify any possible issues that could affect the test results.

In criminal cases that involve the use of a poison as lethal means, a toxicologist can offer an opinion on whether the substance actually caused the harm to the victim, as well as when and how the substance got into the victim’s body.

Rieback Medical-Legal Consultants can help find your expert

Because of the complexity of toxicology, it’s important to have a toxicologist who not only knows the science and medicine well but also can explain it in a manner that will be understandable and compelling to a jury.

For nearly four decades, the team at Rieback Medical-Legal Consultants has been providing compelling expert witnesses across all medical specialties to support some of the nation’s finest lawyers. Give us a call or contact us online to find your expert.

"Ellen Rieback is great at what she does: linking doctors and lawyers for expert testimony. She's been in the business longer than just about everyone else, and I highly recommend." - Jeff K., ⭐⭐⭐⭐⭐

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