Forensic Dentistry, Second Edition

Jurisprudence and legal issues 381

accused had the opportunity to kill, and that the accused did in fact wield

the instrumentality that resulted in death. The prosecution must prove each

of the elements to the trier of fact, in most cases a jury, beyond a reasonable

doubt. In the U.S., a verdict of not guilty cannot be appealed, nor can the

accused be retried for the same crime or for any other one based on the same

elements of the crime.

16.1.2.2 Civil Litigation

Civil cases include divorce and custody, sales and contracts, slander and libel,

as well as negligence or tort cases, which include malpractice cases. These are

actions brought by a private party against another private party. While any

dentist might be sued by a patient with an allegation of malpractice, forensic

dentists are often involved in these types of cases as an expert witness for

either the defense or plaintiff. In order to prevail in a malpractice case, the

plaintiff must demonstrate by expert testimony that the defendant dentist

performed substandard treatment, that is, rendered care that failed to equal

or exceed the standard of care. The defendant dentist’s attorney must counter

the allegations by providing the testimony of a dentist stating that the care

was at least equal to or exceeded the prevailing standard. A mere prepon-

derance of the evidence, 50% plus a little bit, is all that is required for the

prevailing side. Either side can appeal the verdict—a successful plaintiff can

complain that the damage award is insufficient, or an unsuccessful defendant

dentist can argue the finding of liability itself or complain to the appeals

court that the damage award is too high.

16.1.3 Court Systems

16.1.3.1 State Courts
It is important to realize that each state has its own system of sovereign courts.
Most dental expert testimony will be given in cases that arise through state
courts. A case arising and decided in one state system has no legal impact
on how a similar case may be decided in any other state; however, there are
similarities. Most states have a three-tiered system of courts. The district or
trial court (local or regional) that enjoys original jurisdiction over civil and
criminal cases that arise within a defined geographical boundary is the court
in which the case is first heard, with evidence and testimony being presented.
Cases in these venues are usually argued in front of a jury, although a defen-
dant or the parties can sometimes agree to forgo a jury and allow the judge to
act as the trier of fact and rule on the law. In cases such as divorce and child
custody, a jury trial is not allowed in most jurisdictions. Sitting in review of
the decisions rendered at this first level are the intermediate appellate courts,
oftentimes known as the circuit court of appeal, although other names may